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Civil procedure – Summary decree: Court of Session: Refusing an apppeal in an action for payment of solicitors' fees against a sheriff principal's refusal of an appeal against a sheriff's interlocutor dismissing the defender's counterclaim on the pursuer's motion for summary decree, the court held that the sheriff was entitled, on the averments and the other material relied on, to conclude that the counterclaim had no real prospect of success, and the sheriff principal did not err in his approach to the appeal before him.
Civil procedure – Summary decree: Court of Session: Refusing an apppeal in an action for payment of solicitors' fees against a sheriff principal's refusal of an appeal against a sheriff's interlocutor dismissing the defender's counterclaim on the pursuer's motion for summary decree, the court held that the sheriff was entitled, on the averments and the other material relied on, to conclude that the counterclaim had no real prospect of success, and the sheriff principal did not err in his approach to the appeal before him.
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