How to remedy a situation where decree of divorce has been properly granted?
In PS v NS, 2018 SAC (Civ) 11 (20 April 2018), the Sheriff Appeal Court concluded there was a remedy, but the appeal before it was not the solution. The appellant consulted with solicitors after the period of notice had expired. The agents intimated a motion to allow a late notice of intention to defend to be received, which was not opposed, but in the intervening period the respondent’s agents enrolled a motion for decree of divorce which was properly granted.
The sheriff’s note said she would not have granted decree of divorce had she been aware of the motion.
There was no basis for an appeal to succeed – there was no error which would entitle an appellate court to interfere. The remedy was to be found in rule 33.33A where the sheriff could make an order recalling the decree.