Important Development in Law on Recalling Decree
1st December 2009
Glasgow Housing Association v Duffy 2009
Glasgow Sheriff Court ruled it was competent for a tenant to recall of decree despite having appeared in person and being represented at previous diets, and despite having stated a defence, with a proof and a pre-proof hearing having been assigned.
The tenant's solicitors withdrew from acting before the pre-proof hearing, and the tenant failed to appear in person, whereupon the landlords obtained decree for payment and ejection.
The court held that the pre-proof hearing was truly a continued diet, that decree had been granted under summary cause rule 8.2(5), and that rule 8.2(5) was not restrictive and did not limit the power to grant decree on the calling date as opposed to a continuation of that hearing. It followed that the minute for recall was competent since summary cause rule 24.1(1) permits recall of decree granted under rule 8.2(5).
The case decision has been reported in full by Glasgow Sheriff Court, and was subsequently reported on Govan Law Centre's website. A summary also appears in RLC's housing law case digest.