The reclaimers were whisky distillers. The respondents were beverage distributors, who operated in the United States of America. The parties entered into a Distributorship Agreement, in which the reclaimers granted to the respondents the exclusive right to purchase John Barr Scotch Whiskies in bottles for resale in the domestic market of the United States of America. The reclaimers averred that in order lawfully to distribute and sell alcohol in the United States of America, the respondents wo ...
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The pursuers sought payment from the defenders, in terms of Clause 7 of their Minute of Agreement. This clause related to the payment of certain sums, and the calculation of those sums, following the dissolution of the parties’ partnership - Pagan Osborne, a firm of solicitors. The dispute focused on whether the calculation of the sums due to the pursuers included the non-legal work of the firm, in its reference to “the work in progress of the Firm at the Retirement Date”. The ...
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Reclaiming motion:- The pursuers agreed to sell the defenders 11 acres of lands in Aberdeenshire, through missives ultimately concluded in August 2004. A price of £365,000 was stipulated in the missives however this was subject to a price-uplift, which could become payable if the defenders subsequently sold the property. The land was duly sold by the defenders in December 2006, for the price of £483,020. Under the provisions of the parties’ contract, certain allowable costs wer ...
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Alton B Copland Limited ("ABC") was a company which carried out plumbing and related work in Orkney. Orkney Builders (Contractors) Limited ("OB") was a building contractor which was also based in Orkney. For about twenty years until 2008, ABC and OB collaborated on projects in Orkney. During most of that period, OB treated ABC as its preferred plumbing sub-contractor. The court noted that differences had since arisen between the parties, with the present action concerning disputes in relation to ...
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The pursuers and defenders had entered into a services agreement for the distribution of cash processing services, under the terms and conditions set out in the agreement. The agreement has not been terminated and is due to expire in 2014. "Service fees” as defined in the agreement, were fixed until August 2002, the seventh anniversary of execution. There was a provision in the agreement obliging the defenders to undertake a review of the service fees after the seventh anniversary, wi ...
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In this action, the pursuers sued the defender for damages for alleged breach of conduct. The pursuers were a firm of independent financial advisors, and the defender is an independent financial advisor who was previously an authorised representative of the pursuers, offering advice and selling financial products to their clients. Acting in that capacity in 2000, the defender provided advice to clients of the firm, who subsequently invested funds in an investment vehicle, which was recommended b ...
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The pursuers, a company who distilled whiskey, entered in to a Distribution Agreement with the defenders, a company who distribute alcohol in the United States, in which the pursuers granted the defenders the exclusive right to purchase John Barr Scotch Whiskies in the United States. In 2010 negotiations took place in relation to the pursuers seeking to purchase the defenders' business. During the course of the pursuers carrying out due diligence in regard to the defenders' business, the pursuer ...
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The appellant (A) appealed against the decision of the CA that it had not entered into a contract with the respondent (R). Although the parties had intended that a written contract would set out the terms on which the work was to be carried out, work had begun before the terms were finalised. For the purpose of enabling the work to begin, and while continuing to negotiate the full contract terms, the parties had entered into a contract formed by a letter of intent.The Supreme Court restated the ...
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The appellant (A) appealed against the decision of the CA that it had not entered into a contract with the respondent (R). Although the parties had intended that a written contract would set out the terms on which the work was to be carried out, work had begun before the terms were finalised. For the purpose of enabling the work to begin, and while continuing to negotiate the full contract terms, the parties had entered into a contract formed by a letter of intent.The Supreme Court restated the ...
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Normal 0 The first pursuer is a company which distils whisky. In 1993 three schemes for the employees of the company were amalgamated into the William Grant & Sons Limited Pension Scheme of which the second pursuers are the trustees. The defenders are a consulting actuary company and provided services to the second pursuers under a contract. In this action the pursuers sought declarator that under the Pension Scheme the normal retirement date for all members of the scheme was f ...
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