Debate:- The pursuers and the defenders entered into an agreement in April 2003 which gave the pursuers rights to prospect for coal in an area of land of which the defenders were the successors of the feuars with whom the pursuers had contracted with. In this action the pursuer sought declarator of:- (1) that the coal prospecting agreement was assigned by the feuars to the defenders, (2) that the agreement remained in full force and effect and binding on the pursuers and the defenders and (3) th ...
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Procedure Roll:- In this case the pursuers were a married couple who traded as partners. The first named defenders were the lead syndicate in relation to a policy of insurance which was the subject of dispute and that the second, third, fourth and fifth named defenders were also Lloyds syndicates or representatives of the underwriters of the syndicates which underwrote the policy. In this action the pursuers sought declarator that the defenders were obliged to indemnify the pursuers for their re ...
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Debate:- The pursuer claimed that sums debited from his account on the instructions of a firm of solicitors in Manchester, Davis Blank Furniss, were made without his authority and the sums debited from the account included a sum at credit of the account in the sum of £350,000. They also included sums paid under a loan facility. The defenders claimed that they had authority and that this was shown from the face of the pursuer's pleadings and at debate on the defenders' general plea to the re ...
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The Pursuer bought a peregrine falcon from the Defender for £900. The falcon died 25 days later and the Pursuer raised a small claim action for the purchase price. The Pursuer, an experienced falconer, argued that he had trained and developed the bird reasonably but it had died after a short time and this must have been due to an underlying illness or condition. In terms of Section 48(a) of the Sale of Goods Act 1979, he was entitled to rescind the contract as the falcon did not c ...
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Procedure Roll:- In this action the pursuer concluded for:- (1) production and reduction of a Minute of Preference and Enactment of Sale dated 29 March 2007 relative to a shop at 9 Hyndland Street, Glasgow; and (2) for the repayment by the defender, the heritable proprietor of 9 Hyndland Street, to the pursuer of the sum of £26, 200 with interest. At a procedure roll debate a motion on behalf of the defenders was made for dismissal of the action on the ground that the pursuer's averments we ...
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Debate:- Prior to 30 November 2003 the pursuers and the defender, together with the defender's late husband, were in partnership as restaurateurs of an Indian restaurant and was governed by a contract of partnership dated 4 January 1991 and registered in the Books of Council and Session on 14 January 1991. Following the defender's husband’s death in 2002 the pursuers served a notice of dissolution of partnership,the effect of which was to dissolve the partnership as at 30 November 2003. Th ...
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Debate:- In this action the pursuer sought damages from the defender alleging that the defender committed the delict of inducing a breach of contract. On behalf of the defenders it was submitted that the action should be dismissed as the pursuers had not relevantly averred a delictual case of inducing breach of contract as a person only commits such a delict when he induces or procures another person to break his contract. It was submitted that there were no averments that the defender had activ ...
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Debate:- In this action the pursuers sought damages for alleged negligent misrepresentation and breach of contract on the part of the defenders during the course of various property transactions and loans in the 1990s. An earlier action arising out of the same circumstances, but on the basis of different pleadings to the present action, was dismissed in October 2006. At debate senior counsel for the defenders challenged the claim on three grounds:- (1) that the loss claimed was outside the ...
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Debate:- In November 2006 the pursuers, a firm of building contractors, entered into a contract with the defenders for the construction of works in a site at New Stevenston Road, Carfin. The defenders were the employers in terms of the contract and appointed the Mason Evans Partnership as the Engineer under the contract. In this action the pursuers sought payment of sums owing plus interest. The pursuers claimed payment of an amout of £1,136,525, as certified by the Engineer, less payments ...
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Reclaiming Motion:- In this action the appellant sought damages from the respondents for a breach of contract. The appellant enrolled with the respondents to become a professional golfer and attended and satisfactorily completed training courses and became entitled to sit the respondents' final examination. He was required as part of that final examination to sit a practical test. He passed all parts of this examination with the exception of the part relating to the alteration and repair of golf ...
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