small claims
case digest

Dunn -v- Hall 1990 SLT (Sh.Ct.) 673









 

Issue - Whether Sheriff bound to hear evidence at a hearing; rules 16 and 19. 

At a proof, the parties indicated they were in agreement as to quantum of the claim. The Sheriff invited both parties to state their case. After hearing solicitors for P and D, the Sheriff granted decree in favour of P. D had a number of witnesses in court, but had made no formal motion in terms of rule 16(1) to lead evidence from them. D appealed.

The Sheriff Principal held that the Sheriff was entitled to decide the matter on the basis of the statements made by the agents; appeal refused.

Observed, would be sound practice if a Sheriff were to formally ask parties if they wished to lead evidence and note their replies.