small claims
case digest

Jenners Princes Street Edinburgh Ltd -v- McPherson 1992 SLT (Sh.Ct.) 18









 

Issue - Undefended small claims where pursuers not minuting for decree in terms of rule 10.

Rule 10 provides that where D lodges no response the case shall not be called in court, and if P timeously enters a minute (Form 10) in the Book of Small Claims, decree may be granted on the date of the preliminary hearing.

P had simply entered in the Book of Small Claims, 'To call please'.

Held by the Sheriff that the purported minute was no minute at all: P had failed to comply with rule 10 and the action was dismissed.