Cabot Financial UK Ltd v McGregor; Cabot Financial UK Ltd v Gardner; Cabot Financial UK Ltd v Brown

Civil procedure – Simple procedure – Undefended claims – Extent of sheriff's jurisdiction. Sheriff Appeal Court: Allowing appeals in three test cases in which the appellant had raised proceedings against the respondents for payment of sums due under mail order credit agreements and the respondents had not defended the claims but in each case the sheriff had dismissed the claim, their reasons for refusing decree in absence or decree by instalments relating to it being pars judicis to notice any deficiencies in the application and to order that better specification be provided to the court by making 'unless orders', the court held, inter alia, that the sheriff's inherent jurisdiction in undefended causes was largely unaltered by the simple procedure rules and to the extent that the sheriffs relied on r 1.4 as justification for the making of 'unless orders' and then to dismiss the claim when the orders were not complied with, they erred.

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