Procedure Roll
In this action the pursuer seeks payment by the defenders to her of certain sums of money. In a counterclaim the defenders seek payment from the pursuer of certain sums of money. The pursuer moved Lord Bracadale to grant decree de plano and to restrict probation with respect to matters raised by the defenders in defence of the claim for payment in lieu of notice. With respect to the counterclaim, Mr Sandison were seeking to refuse probation to the claim based on breach of fiduciary duty. Mr McNe ...
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Director liable for Company pursuing hopeless Counterclaim. Rimer J. held that where companies had irresponsibly pursued a hopeless counterclaim on the instructions and for the benefit of a controlling director, that director was made liable, jointly and severally with the companies, to pay the costs of the proceedings on the indemnity basis. It was an exceptional case in which the director was in substance the, or at least a, real party to the proceedings from start to finish.
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Not necessary to exhaust domestic remedies to bring a Francovich claim. Holland J. held that it was not necessary for a claimant to have exhausted domestic remedies before bringing a claim against a Member State for its failure to effectively implement a Directive. This was because the rationale underpinning the Francovich procedure was that each Member State had an obligation to its own citizens to implement Directives. This sat uneasily with the notion that the State would be able to avoid lia ...
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Not necessary to exhaust domestic remedies to bring a Francovich claim. Holland J. held that it was not necessary for a claimant to have exhausted domestic remedies before bringing a claim against a Member State for its failure to effectively implement a Directive. This was because the rationale underpinning the Francovich procedure was that each Member State had an obligation to its own citizens to implement Directives. This sat uneasily with the notion that the State would be able to avoid li ...
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Joinder of a Non-Party. An application to join a non-party to proceedings should be acceded to unless it can be said that the application is an abuse of process. At the stage of joinder, a preliminary assessment of the merits should not be attempted in order to see whether an application for a non-party costs order under CPR 48.2(1)(a) has a real prospect of success.
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Motion for expenses by the defenders
On 15 March 2006 the court refused a reclaiming motion by the pursuer against an interlocutor of Lady Paton dated 12 April 2005 in which she recalled an interim interdict that had been granted to the pursuer. The opinion of the court following the reclaiming motion set out the history and detailed the inadequacy of the pursuer's pleadings and criticised the conduct of the pursuer and of those advising him. Here the defenders sought to recover the expenses of the reclaiming motion on the basis of ...
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Overly Lengthy Pleadings an Abuse of Process. Particulars of Claim were struck out in a case where a barrister was seeking payment of fees and damages from a client on the basis that they were excessively lengthy, contained details that were irrelevant to the cause of action, contained a large number of terms that were incomprehensible and contained information that was privileged. It was said that sheer 221-page length of the Particulars made them oppressive; any trial based on that document ...
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Appeal against findings of sex, race and victimisation discrimination. The EAT held that there was a firm evidential basis for the findings of sex and victimisation discrimination, but that the Employment Tribunal erred in its approach to the question of race discrimination. Since there was no evidence which could possibly justify that inference referred to in the decision, the EAT substituted a finding that there had been no such discrimination
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Duty to Consider Public Funding. Held that a solicitor was bound at the outset to consider whether a client might be eligible for public funding rather then continue to take instructions and run up private costs whilst they gathered information before considering the client’s eligibility.
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Judge should have Recused Himself for Apparent Bias. Where a judge had had personal discussions with a partner of a firm of solicitors in relation to him joining the firm that had ended acrimoniously, the judge should have recused himself from hearing an application involving another partner at that firm as the test of bias was made out. It was clear that a fair-minded and informed observer would have formed the view that there was a real danger that the judge was biased.
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