About this case

Case name

Cabot Financial (UK) Limited v Ryan Bell

Case reference number

XA4/23

Date of hearing

Wednesday 1 November 2023

Division

First

Judges

Lord President, Lord Pentland and Lord Boyd of Duncansby

Agents and Counsel

For the Appellants (Cabot Financial)

• Agents: Nolans Solicitors 
• Counsel: Isla Davie KC

Case description

This is an appeal from a decision of the Sheriff Appeal Court.

The appellants raised proceedings against the respondent under Simple Procedure in Falkirk Sheriff Court in July 2021. On 23 July 2021, the appellants served the proceedings on the respondent by a next-day postal service which recorded delivery. The respondent did not respond to the proceedings by the deadline for a response. The appellants therefore applied to the court for decree, but they did not produce evidence of delivery of the proceedings to the court.

The Sheriff determined that rule 18.2(4) of the Simple Procedure Rules required the appellants to lodge evidence of delivery with the court. In the absence of that evidence, the Sheriff dismissed the action. The appellant appealed to the Sheriff Appeal Court. The respondent did not participate in the appeal either. The Sheriff Appeal Court refused the appeal on the basis that the Sheriff’s interpretation of the Rules was correct, and that the documents which the appellants had lodged did not constitute evidence of delivery.

The appellant now appeals the Sheriff Appeal Court’s decision to the Court of Session. The First Division will hear the appeal on Wednesday 1 November 2023.