Ravensby Glass Company Ltd v Lifestyle Glass Design Ltd

Civil procedure – Simple procedure – Procedural fairness. Sheriff Appeal Court: Refusing an appeal in an action in which the respondents sought payment of money due for the provision of glass and the appellants sought to offset sums they claimed were due for faulty glass supplied as part of an earlier separate order, and in which, at a case management discussion the sheriff granted decree, being satisfied that the contractual relationship was governed by conditions of sale which specifically excluded set-off, the court rejected contentions that the conditions of sale were lodged too late for procedural fairness and that procedural unfairness arose from the appellants being deprived of an opportunity to challenge the conditions of sale and to establish the sums due in terms of the set-off, holding that the sheriff was entitled to dispose of the matter in the way she did.

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