Byres v Moore

Civil procedure – Sheriff Court – Reponing. Sheriff Appeal Court: Allowing an appeal against a sheriff's decision to refuse the defender's reponing note in a personal injuries action, the failure to lodge a notice of intention to defend timeously being human error in that correspondence from the respondent's solicitors had been passed to the wrong team within the insurers' administrative structures, the court held that on its interpretation of the Full Bench decision in Forbes v Johnstone if the sheriff was satisfied that the defence was stateable and an explanation was given for the failure to appear, no matter how short or unworthy, the sheriff must grant the reponing note: Forbes appeared to have excluded a test of the worthiness or quality of the failure.

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