H L Friel & Son v. Gt Demolitions

Alt : Mr Docherty, Wright Johnston & Mackenzie, Solicitors, St Vincent Street, Glasgow

The Sheriff Principal, at Paisley, having heard parties' procurators on the opposed motion for the defenders (number 7/5 of process) to allow an appeal to be marked late, Refuses same; Finds the defenders liable to the pursuers in the expenses occasioned by the said motion; Allows an account thereof to be given in and Remits same when lodged to the auditor of court to tax and to report; thereafter Remits to the Sheriff to proceed as accords.

At the hearing of the motion today three bases were advanced whereon I might legitimately hold the extract issued in this case not to constitute a bar to the proposed appeal. I deal with these in turn below (although not in the order in which they were presented).

For these reasons I regard the present case as not distinguishable from Alloa Brewery Co Ltd v Parker and the extract issued on 6 August 2002 precludes any appeal as incompetent. It follows that the motion now before me must be refused and also that the expenses occasioned by it should be awarded (as was not disputed) in favour of the pursuers and against the defenders.