PS v NS

Husband and wife – Decree of divorce – Appeal against decree of divorce – Procedure. Sheriff Appeal Court: In an action of divorce in which the period of notice expired and the appellant's solicitors intimated a motion to allow receipt of late notice of intention to defend but the respondent's agents enrolled a motion for decree of divorce and the sheriff, who was not made aware of the appellant's motion, granted decree, the court held that there was nothing erroneous about the decision to grant decree, and the appellant having advanced her case by way of appeal, there was no basis on which an appellate court could allow the appeal on conventional appeal grounds; however she did have a remedy, which was to enrol a motion to allow the court to deal with an application pursuant to r 33.33A of the Ordinary Cause Rules although late.

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