McCallion v Apache North Sea Ltd and others

Civil procedure – Decree of dismissal – Reponing – Relief from failure to comply with rules. Sheriff Appeal Court: Refusing an appeal by a pursuer whose personal injury action was dismissed following his solicitors' withdrawal from acting and his failure to attend court on two occasions, a failure he sought to excuse on the basis of his medical condition, the court examined the legal test to be applied and the approach which it should take to the provision of medical information, before concluding that the material provided by the appellant fell far short of giving an explanation for the particular failures to appear and that the failure to attend was not excusable.

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