Rachel Moon, senior solicitor at Govanhill Law Centre, who represented the defendant in Home in Scotland Ltd v Bonini, told Scottish Legal News: “We are seeing increasing challenges by housing associations to our minutes for recall of decree for eviction. In this appeal, we seek to widen the circumstances upon which minute for recall is competent.

“We believe this is correct under the rules, but is also a very important point for tenants. In this case, the defender turned up at court on the wrong day and found out that decree had been granted the day previously.

“She is a single mum of three young children who is on disability benefits. A backdated payment had been made to arrears; full HB is in place and she continues to make a payment to arrears. We find this increasing practice of challenging minute for recall regressive.”