Caselaw@GLC









 

Maria Conway -v- Glasgow City Council

 
Edinburgh, 22 February 2001 (Inner House of the Court Session)

The Lords, having heard Counsel for the parties, and in respect that agreement has been reached, Allow the appeal, Recall the interlocutors of the Sheriff Principal dated 8 June 1999 and 21 July 1999 and Restore the interlocutor of the Sheriff dated 11 December 1998, and decern; find the defenders and respondents liable to the pursuer and appellant in the expenses of the appeal to the Court of Session and remit the account thereof, when lodged, to the Auditor of the Court of Session to tax and to report; find the defenders and respondents liable to the pursuer and appellant in the expenses of the appeal to the Sheriff Principal and allow an account thereof to be given and remit same, when lodged, to the Auditor of the Sheriff Court to tax and report; allow the pursuer and appellant an increase in fees in respect of the appeal to the Sheriff Principal of 30% in terms of Regulation 5(4) of the Civil Legal Aid (Scotland) (Fees) Regulations 1989; quoad ultra remits to the Sheriff to proceed as accords.

Edinburgh, 22 February 2001.

The Lords decern against the defenders and respondents for payment to the pursuer and appellant of the expenses of the appeal to the Court of Session as the same shall be taxed by the Auditor of Court.


Note: This decision of the Inner House restores the decision of Sheriff Gordon - affirming the contractual principle of reasonable notice at Scots common law (the decisions of Sheriff Gordon and the Sheriff Principal were previously widely reported in SCLR, SLT and SCOLAG).