Contract - Reclaiming Motion:- Between March 2000 and June 2004, the firm carried out architectural services for the respondent in relation to the intended development of part of the respondent's property in Inverurie. On 6 July 2005, the reclaimers raised two invoices against the respondent for work carried out to the sum of £42,548.82. On 30 November 2006, the Lord Ordinary repelled the first plea-in-law of the reclaimers, sustained the respondent's second plea in law and assoilzied the respon ...
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Action for Payment - The Commercial Agents (Council Directive) Regulations 1993 - Definition of Commercial AgentThe Pursuers were sales agents for the Defenders and negotiated contracts with customers on the Defenders' behalf for the erection of conservatories and extensions. There was no written contract between the parties. In a commercial action, the Pursuers sought a number of payments under the Commercial Agents (Council Directive) Regulations 1993, together with an order ...
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Commercial Lease - Reclaiming Motion:- This appeal related to a dispute between the landlords (pursuers and reclaimers) and the tenants (defenders and respondents) as to the proper construction of the terms of the rent review clause. As the 3 yearly rent review approached the parties found themselves in disagreement as to the proper construction of the rent review clause (clause 3), and the present action was raised in December 2002. In it the pursuers sought declarator supporting their construc ...
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Commercial Action - Contract
The defenders undertook to carry out construction works, on behalf of the pursuers as employer, in terms of a contract dated 30 April 1997 (the "Construction Contract"). The pursuers contracted with the then Secretary of State for Scotland to carry out operations including the works which were then made the subject of the Construction Contract between themselves and the defenders. Those obligations were wider than those undertaken by the defenders in terms of the Construction Contract. At debate ...
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Breach of Contract - Debate
The first defenders agreed to appoint the pursuers as their agents with sole selling rights over properties being developed at Gallogate, Glasgow in a "Confirmation of Sole Selling Rights Agreement" on 5 September 2003. The pursuers were to have sole selling rights for a minimum period of 12 weeks from the date of the agreement, and the agreement was expressed to continue thereafter until the expiry of 28 days written notice of termination given by either party to the other. The main dispute in ...
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Proof Before Answer - Breach of Contract
The pursuers acted as agents for the procurement of military equipment. The defenders manufacture diving equipment both for commercial and military use. Here the pursuers sued the defenders for payment of £392,992 or alternatively £81,890 with interest thereon in respect of a verbal agreement in 1998 in which the defenders agreed with the pursuers that the pursuers should act as exclusive agents for the supply of the defenders' 'stealth' rebreather products to the armed forces of the United Arab ...
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Breach of Contract
The pursuer normally lives and works in the United States of America as a golf instructor but has a home in Kirkcaldy. The defenders are an association of professional golfers who regulate the professional playing of golf in Scotland. The defenders oversee the training and examination of candidates who wish to become members of their association. The opportunities for those who wish to teach golf in Scotland or the United Kingdom but who are not PGA members are restricted. The pursuer wished to ...
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Preliminary Proof - Breach of Contract
The pursuers were in business as car auctioneers.from premises at 15 and 33 Scotland Street, Glasgow which they leased from the defenders. The pursuers sought declarator that the defenders were in material breach of the lease and that they were entitled to rescind the lease, and validly did so, by a notice dated 16 May 2003. The defenders denied that they acted in breach of contract and, in the alternative, that any breach of contract on their part was not material. The defenders lodged a counte ...
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Debate - Dissolution of Partnership
The deceased (who died in March 2000) was a partner in a firm which operated a fishing boat, the Marigold. Cessation accounts were drawn up as at that date of the death, without the agreement of the three surviving partners. The accounts brought out a balance in the deceased's capital account of £133,537. That sum was not, however, paid to the deceased's executors and sought payment of that sum in this action. The surviving partners, the defenders in the action, continued to operate the Marigold ...
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Commercial Action - Action for Payment - Debate
The pursuers claimed that they overpaid the defenders for goods supplied between August 2001 and January 2005 through an incorrectly applied discount and they sought repayment of it. At debate counsel for the defenders submitted that the remedy sought and the legal basis upon which it was sought required that the defenders be sued in the country of their domicile, namely, England. Counsel for the pursuers argued that the first issue to be decided was to resolve the dispute as to entitlement to t ...
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