Decree

A decree is basically an order of the court containing the court’s decision on the case. There are different types of decree but here we will only consider the most common ones used in a creditor versus debtor context.

• Decree in favour of the pursuer
  (Normally creditor): This means that the pursuer has been successful in their claim, it is sometimes referred to colloquially as an “open decree”. This will allow the pursuer to start diligence action against the defender (debtor) to retrieve the money owed.

• Decree in absence
  This is a decree granted in favour of the pursuer where the defender did not respond in any formal to the court summons. Approximately over 80% of cases that pass through the sheriff court are undefended.

• Decree of absolvitor
  This means that the pursuer's claim has been rejected by the court and they have made a decision in favour of the defender.  This type of decree is much better for the defender as it stops the pursuer from raising the same action again.

• Decree of dismissal (of the claim)
  A decree of dismissal is also a decree in favour of the defender but the pursuer could raise the same action again.