Mark Andrew Aikman v. Elizabeth Bond [2011] CSIH 11

In this action for damages for failure to implement missives, the defender had failed to attend court and find caution, leading to decree being granted in favour of the pursuer. The defender appealed to the Sheriff Principal, and subsequently the Court of Session, arguing that a stateable defence in relation to quantum was indeed available to be plead by the defender, pending her application for legal aid to allow her to instruct agents. It was also latterly argued that the missives in question had been concluded by her original agents without instruction.