Northern Hydroseeding Ltd v McDonald [2013] ScotCS CSIH_21 (22 March 2013)
The sheriff acted within discretion in allowing amendment of pleadings, the defender had no legal title to occupy the premises, damages were properly quantified based on loss of rent less payments made, and all relevant answers and evidence were considered.
Source-derived case information.
- Citation
- [2013] ScotCS CSIH_21
- Parties
- Pursuer/respondent: Northern Hydroseeding Limited; Defender/appellant: James McDonald
- Jurisdiction
- Scotland
- Judgment Date
- 22 March 2013
- Procedural Posture
- Civil Appeal / Appeal From Sheriff Court Judgment
- Outcome
- appeal refused
- Legal Topics
- Unlawful Occupation, Damages, Amendment of Pleadings, Summary Decree, Requirements of Writing
Source-derived case record
Summary, issues, holding and outcome
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Parties
Northern Hydroseeding Limited
Pursuer/respondent
James McDonald
Defender/appellant
Procedural Posture
Civil Appeal / Appeal From Sheriff Court Judgment
Legal Issues
- 1 Whether amendment of pleadings at proof was permissible
- 2 Whether the defender had any legal title to occupy the premises
- 3 Proper quantification of damages for unlawful occupation
Ratio Decidendi
The sheriff acted within discretion in allowing amendment of pleadings, the defender had no legal title to occupy the premises, damages were properly quantified based on loss of rent less payments made, and all relevant answers and evidence were considered.
Court Disposition
appeal refused
Orders
- Appeal refused
- Interlocutors of Sheriffs Gilchrist (4 March 2010) and Mundy (28 February 2012) adhered to
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