A vessel on its way to Iraq carrying a cargo of wheat ran aground. The vessel’s owners entered into a salvage agreement with Tsavliris Salvage (International) [T] which purported to also be on behalf of the cargo’s owners. The vessel was successfully salved and T sought to recover sums from the Grain Board of Iraq [GBI], which they understood was the owner of the cargo. At arbitration, the arbitrator found in favour of T, holding that GBI owned the cargo, was a party to the salvage agreement and ...
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Joinder of Parties: In December 2004, the defendant insurance brokers (the brokers) were instructed to consolidate and renew the professional indemnity insurance for the Erinaceous group except for those carrying on insurance-related business. The brokers engaged a sub-broker at Lloyds. The sub-broker obtained cover for £10 million and a further excess layer of £10 million. The excess layer limited cover to liability arising from the insured’s commercial property management activities only. Exc ...
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Redundancy - Protective award Dismissals without consultation when company placed in receivership - protective award made in favour of GMB trade union representing manual workers in respect of those employees “dismissed on 3 May or 5 May 2006” - held, that this award could not benefit manual workers, not members of the union, dismissed on other dates in May 2006, and that as matters stood such workers had no remedy against the Secretary of State; but that such workers could a ...
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Transfer of Undertakings - Transfer Relevant transfer - perversity - issue raised and not contested – not permitted to be re-opened on appeal.
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Summary Decree - Contract :- In this action the pursuers sought damages for a breach of contract by the defenders. The pursuers, as travel agents, were approached by 189 clients who were to take part in the island games in Rhodes, Greece. The pursuers approached the defenders, who were aircraft brokers, to provide aircraft for the outward flight from Scotland to Rhodes and the return flight to Scotland and by exchange of emails in January 2007, an agreement was reached between the pursuers and t ...
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Procedure Roll - Contract:- In this action the pursuers were property investors, the first defenders were insurance brokers and the second defender was a director and employee of the first defenders. The pursuers owned a block of property in Wishaw and insurance of the property was arranged through the defenders. The premises were affected by fires, on 11 September 2002 , 28 November 2002 and 10 December 2002. Here the pursuers sought to recover from the defenders the losses they suffered by rea ...
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Reclaiming Motion - Contract:- The pursuer built a block of flats in 1995 with the assistance of borrowings obtained from the defenders, which were secured over the new development. The pursuer was unable to repay the borrowings and the defenders called up their security, and took possession of the subjects in September 1996. The subjects were thereafter sold, however, the pursuer was dissatisfied with the price obtained and here the pursuer sought damages from the defenders on the basis that th ...
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Debate:- The pursuer was the heritable proprietor of premises at 81-85 Renfield Street, Glasgow, and succeeded to the landlord's part of a lease of those premises. The defender was vested in the tenant's part of that lease. Subsequently the defender sublet the premises to a company known as Big Mammy K Ltd. Thereafter Big Mammy K Ltd assigned its interest in the sublease to a company known as Soulband Ltd. Under the provisions of the lease the pursuers' consent was required to any assignation of ...
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Practice and Procedure - Appellate jurisdiction/Reasons/Burns-Barke There is no practical utility in hearing interim appeals against pre-hearing orders and bias when the EAT has already rejected or stayed 10, and a full hearing at the Employment Tribunal is under way at day 25 of 35. Allegations of bias should be considered at the end of the hearing R v. Abdroikof [2007] 1 WLR 2679 HL. One appeal rejected under Rule 3(10), two others adjourned, all 7 others stayed until 42 days after the Judgm ...
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Appeal against Sheriff's decision to allow PBA - alleged breach of contract - relevancy and specification - averments re loss of profits from business The Pursuers/Respondents contracted with the Defenders/Appellants for the supply of windows and doors for their property. They claimed that the windows and doors were not of satisfactory quality, in breach of an implied term of the contract in terms of Section 14(2) of the Sale of Goods Act 1979 and that, as a result, they had ...
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