Debate:- On 25 April 2007 the pursuers entered into a Share Purchase Agreement (SPA) with the defenders for the sale of the issued share capital of Scottish Motor Auctions Limited (the Company) to the defenders for £15 million, £14.5 million to be paid in cash on completion and the remaining £500,000 plus interest to be paid into a retention account in the joint names of the parties' solicitors. The SPA provided that prior to completion the sellers should procure the declaration o ...
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Proof Before Answer:- In this action the pursuers, a company of grain merchants, sought damages from the defenders, a farming company, in respect of the defenders' breach of contract. The defenders denied liability. The issue in this case was whether or not in September 2006, the pursuer, through a director, Mark Paton, agreed to a variation of a wheat supply contract previously entered in to between the parties. It was the defenders' position that the contract had been varied at a meeting, in p ...
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On 17 October 2006, the defenders were employed as managing directors of the pursuers, sister companies, respectively and both men entered into a Service Agreement with their respective companies, both of which included a restrictive covenant. On termination of their employment, the defenders agreed:- (1) to a non-solicitation restraint; (2) to a non-trading restraint; and (3) to a world-wide restraint against working in competition with the business of their employers. On 3 and 4 November 2008 ...
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Interim Interdict:- From 1 August 2006 the defender, a solicitor, sold his business to the pursuers, a firm of solicitors and became a member of that firm. On 2 August 2008 the defender gave notice that he would resign as a member of the pursuers with effect from 2 February 2009. Since February 2009 the defender has been a member of a further firm of solicitors. This action arose out of the terms of the Business Transfer Agreement by which the defender sold his business to the pursuers including ...
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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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