Contract - Partnership Agreement- Mutuality of Contract - Retention of performance on basis of Pursuer's breach of fiduciary duty The Pursuer was a former partner in a firm of Stranraer solicitors. He had acted fraudulently when dealing with clients. He accepted that he was in breach of the fiduciary duty he owed to his partners and, therefore, in breach of the partnership agreement. He raised an action in the Commercial Court against the firm and his former partners for payment of a pension. T ...
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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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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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Procedure Roll:- The pursuers entered into a contract with the defenders in terms of which the defenders carried out work on boilers at their premises. As part of the work the defenders carried out work on a boiler and a fire thereafter occurred. It was averred that the pursuers suffered loss and damage and they claimed from the defenders under and in terms of the contract between the parties. At procedure roll counsel for the pursuers invited the court to to grant decree de plano and restrict i ...
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Appeal from Sheriff Court:- This was an appeal from the Sheriff at Aberdeen in relation to the construction of an insurance policy offering cover to the reclaimers in respect of premises they owned in Aberdeen. The pursuers' claims were dismissed by the Sheriff. The relevant damage was cracking to a supporting beam caused by vibration coming from building operations nearby. The pursuers' claim was purely for the cost of remedial work to the beam. It was submitted on behalf of the pursuers that t ...
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Appeal – Action for Payment under Contract – Whether Obligation had been extinguished by Prescription – Sections 6(1) and 10(1) of the Prescription & Limited (Scotland) Act 1973. The Pursuers/ Appellants raised an action for payment against the Defenders/Respondents in October 2006. Following a Diet of Debate, the action was dismissed on the basis that the Defenders’ obligation to make payment to the Pursuers had been extinguished by prescription in terms of Sectio ...
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Proof:- In this case the pursuers owned a farm in Perthshire together with shooting rights and an adjacent house. In 1998, the first defenders leased the farm and the shootings, and the second and third defenders leased the house. The pursuers purchased the farm and the house from the second and third defenders on a sale and leaseback arrangement, however, the pursuers experienced difficulties in obtaining the rent from them. Due to business difficulties the defenders sought a reduction of the r ...
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Debate - In this action the pursuers were seeking: 1. For declarator that the pursuers and defenders were in partnership. 2. For count and reckoning by the defenders with the pursuers for the whole and for payment by the defenders to the pursuers of the balance found to be due. 3. Failing an accounting, for payment by the defenders to the pursuers of an overriding royalty. 4. Alternatively (a) to find and declare that the defenders have been unjustly enriched and (b) for payment by t ...
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