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Scotland Case Law

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Civil procedure [2005] ScotSC 9

Dawson v. Shaw

Dawson v. Shaw [2005] ScotSC 9 (02 February 2005)

The sheriff principal partly allowed an appeal against summary decree, holding that late adjustments and the wider record should have been considered after the options hearing was rescheduled.

  • Summary decree
  • Pleadings adjustment
  • Options hearing
  • Late adjustments
  • Heritable property
  • Ejection
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Civil procedure [2004] ScotSC 43

O'Callaghan v. Simpson

O'Callaghan v. Simpson [2004] ScotSC 43 (02 July 2004)

Appeal refused where the pursuer failed to lodge an accurate record on time for a continued options hearing, and dismissal for default was upheld.

  • Default judgment
  • Pleadings
  • Options hearing
  • Dismissal for procedural default
  • Exercise of judicial discretion
  • Civil-procedure
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Scotland decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.