Procedure Roll - Fraudulent Representation
At debate, on behalf of the defender, it was submitted that the action should be dismissed or that in any event certain averments should not be admitted to probation. It was submitted for the defenders (1) that the action as pled was irrelevant because the pursuers had failed to adequately aver any statement which could be said to be untrue and which induced the contract; (2) that certain averments made about a purported contract between Kinnaird Homes Limited and Kinnaird Homes (West Kilbride) ...
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Interdict - Restrictive Covenant
On 19 January 2007 Lord Brodie granted interim interdict under the four separate heads of the petition. The petitioners had founded upon alleged restrictive covenants which were said by the petitioners to have been incorporated into the contract of employment of the first respondent. On 19 February 2007 the respondents enrolled for recall of those interim interdicts. It was submitted on behalf of the respondents that the interim interdicts should be recalled on the basis (1) that the restrictive ...
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Discretion to make orders in a split trial. The discretion of a trial judge under CPR Part 44 was wide enough to allow him, after a finding of liability in a split trial, to reserve costs to allow for the taking of an account of profits. The CPR allowed the judge to make a wide variety of orders in such circumstances; he was not required by the CPR to make an immediate decision on costs, and he had a discretion to postpone it until quantum had been finally determined.
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Partial summary judgment where Defendants are jointly liable. When considering an application made pursuant to CPR Part 24 where the Defendants were jointly liable and one Defendant had subsequently entered into settlement negotiations, it was appropriate to enter a partial summary judgment for half of the amount sought as a realistic means to avoid double recovery and to reflect the loss attributable to each individual Defendant.
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Addition of parties under CPR Part 19. A company's application to be joined to an action as a Claimant after expiry of the limitation period was dismissed as there had not been a qualifying mistake within the meaning of CPR r.19.5(3)(a) and it was not the case that the whole claim could not be continued without the joinder for the purposes of the test of necessity in CPR r.19.5(3)(b).
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Conflict of Law. A father's application to stay proceedings concerning his child, that had been brought by the child’s mother (in England) was stayed since those proceedings involved the same cause of action and the same parties as earlier proceedings that the father had issued in Italy. There was no aspect of the doctrine of forum conveniens upon which the court could properly rely.
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The judge had erred in granting summary judgment in a claim for personal injuries as it was not possible to say that no duty of care was owed until the claim had been advanced and the evidence tested.
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Proceedings in the high court, which raised the issue of whether a representative of the Citizens' Advice Bureau had had authority to settle an employment claim, and about which the employment tribunal had already made a finding, had not been an abuse of process because on the facts it would not be manifestly unfair to require the representative to defend the proceedings.
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Appeal from Sheriff Court
During 1994 the respondent raised an action for damages against the appellants in respect of an operation carried out to her foot in 1988. The action went to proof before the sheriff at Airdrie in 2003. During the course of that proof the parties reached agreement that the damages payable to the respondent in the event that liability was established against the appellants should be £35,000, exclusive of interest, which was to run from the date of the sheriff's interlocutor following upon the pro ...
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Action of Accounting - Debate
Here the pursuer was a partner in a firm of veterinary surgeons until 31 December 2005, when he resigned. He sought to have the defenders account to him for the sums due to him on his resignation, in accordance with the partnership agreement, by production of the firm accounts. The pursuers stated that since termination accounts had been produced, the pursuer should be allowed to lodge a note of objections to the accounts. The objections would relate, first, to the figure at which goodwill was s ...
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