Duty to Lodge a Joint Minute and move for decree

The Professional Practice Committee was asked for guidance about a divorce action where the wife defender had agreed terms with her husband in a Joint Minute which was signed by her solicitors. The action was allowed to proceed as undefended, but when the affidavits and Minute for Decree were lodged by the husband's solicitors, decree was not sought in terms of the Joint Minute, which had included a payment of periodical allowance.

The Committee agreed that a solicitor acting for a pursuer has a duty not only to lodge the Joint Minute, but also to seek decree in the terms of the Joint Minute. The solicitor for the defender is entitled to rely on that being done without requiring to check the Court Process.