Sheriff Drummond has held that it was competent for a tenant to minute for recall of decree despite the fact she had appeared in person and been represented at previous court callings, and had stated a defence, with a proof and pre-proof hearing being assigned. The tenant's solicitors withdrew from acting before the pre-proof hearing, and the tenant failed to appear at the pre-proof hearing, at which stage the landlord obtained decree for payment and ejection.
The court held that the pre-proof hearing was truly a continued diet, that decree had been granted under summary cause rule 8.2(5), and that rule 8.2(5) was not restrictive and did not limit the power to grant decree on the calling date as opposed to a continuation of that hearing. It followed that the minute for recall was competent since summary cause rule 24.1(1) permits recall of decree granted under rule 8.2(5).
The full judgment given on 19 October 2009 at Glasgow Sheriff Court is available here (opens as PDF). Alternatively you can read the full case report without Adobe on GLC's Scribd page here.
