Carr and others v RH Independent Healthcare Ltd

Civil procedure – Decree in absence – Effect of extraction of final decree. Court of Session: In an action in which the issue was whether or not an earlier action in which decree in absence was pronounced, extracted and then subsequently reduced remained current, the defenders arguing that extract of the decree in absence in that action rendered the court functus, the court held that as a matter of principle there was nothing which could justify treating extract as bringing a process to an end and accordingly the earlier action remained extant; procedurally it rested where it was immediately prior to the granting of the decree in absence.

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