Scottish Human Rights Law Group

Subcontractors appealed against the decision of a sheriff granting absolvitor in their action for declarator and payment against the main contract, in which the sub-contractor sought damages in respect of the alleged breach of contract on the part of the main contractor. The action had been sisted for arbitration in terms of the contract in August 1995 but no arbitration took place. 

When the subcontractor sought to recall the sist and re-enrol the cause for further procedure in July 2002 the sheriff recalled the sist but granted decree of absolvitor claiming to exercise an inherent jurisdiction in respect of the subcontractors inordinate and unexplained delay to pursue the action.   In dismissing the appeal against this decision, the Sheriff Principal held that the sheriff’s decision was a proper exercise of the court’s inherent jurisdiction and his conclusion that the litigation had to be brought to an end was not only justifiable but also unavoidable where the public interest in the administration of justice demanded the action should not be allowed to proceed.