By Euan Dow on 09/07/2008 09:50
Commercial - Appeal from Sheriff Court:- This was an appeal from the decision of a sheriff principal sitting as a sheriff in a commercial action. The pursuer raised proceedings in 2003. In her initial writ, the pursuer sought damages from the defenders for loss and damage said to have been suffered as a result of their professional negligence following her divorce from her husband. The proceedings commenced in the form of a commercial action, under Chapter 40 of the Ordinary Cause Rules 1993. On ...
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By Euan Dow on 11/06/2008 13:35
Petition for an order under section 1 of the Administration of Justice Act 1972:- On 27 September 2006 the respondent was appointed a director of the petitioner. Here the petitioner sought the recovery of confidential information relating to the petitioners' business held by the respondent following his resignation from the petitioners on 15 November 2007. On December 2007, an order was made in terms of the petition, appointing a Commissioner to search for and take all other steps necessary to t ...
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By Euan Dow on 20/03/2008 16:58
Building Contract - Debate:- In June 2005 the parties entered into a building contract whereby the defender, a construction company, would erect for the pursuer, a property development company, a number of buildings. In this action the pursuer sought damages for alleged delays by the defenders in completing the works whilst the defender counterclaimed for an extension of time. A proof before answer was appointed for the dispute between the parties as to whether the defender was in breach of the ...
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By Catherine Hart on 17/01/2008 20:05
Appeal - Commercial Action - Whether there had been Intimation of an Assignation Following a Diet of Debate in a commercial action, the Pursuers/Appellants appealed against the Sheriff’s decision. The issue was whether there had been valid intimation of an assignation. The parties agreed that the test which the Court had to apply was set out by Lord Kincraig in Libertas-Kommerz Gmbh, Appellants 1978 SLT 222. The Pursuers had marketed the lease of a licensed premises on the instructi ...
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By Rachel Henry on 10/01/2008 17:26
Petition - for the sanction of an insurance business transfer scheme pursuant to Part VII of, and Schedule 12 to, the Financial Services and Markets Act 2000 under which part of the long term insurance business carried on by Save and Prosper Pensions Ltd is to be transferred to Prudential Retirement Income Ltd. In the course of considering the Petition, the question has arose as to whether the Court has power to sanction a scheme which transfers only some of the rights and liabilities arising un ...
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By Euan Dow on 19/12/2007 18:04
Expenses:- On 30 November 2007 a proof before answer was allowed at the end of an amendment procedure that began at the instance of the pursuers on 4 October 2005. Here the court considered the question of the expenses of that amendment procedure. The defenders sought from the court:- (1) an order finding the pursuers liable in the expenses of the process from the beginning of the amendment period to date on an agent/client, client paying basis; and (2) for certification of a chartered accountan ...
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By Euan Dow on 13/07/2007 00:00
Commercial Action - Motion for (1) Certification of a Skilled Witness and (2) Additional Fee
The pursuer, in terms of Rule of Court 42.13(2), sought the certification of a skilled witness. Further, the pursuer, in terms of Rule of Court 42.14(1), sought an additional fee in respect of the expenses awarded in the pursuers' favour. A proof had not been allowed in relation to the case and the court considered here, in relation to the first motion, whether it was competent for the court to certify a witness where the witness was preparing for the conduct of a debate. In relation to the seco ...
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By Euan Dow on 09/10/2006 23:00
The petitioner raised proceedings against the respondent for a disqualification order under section 6 of the Company Directors Disqualification Act 1986. The events that gave rise to the petition arose out of allegations regarding the respondent's conduct in the course of the winding up of the company known as Oakbank (J&S) Limited.
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By Euan Dow on 09/10/2006 23:00
The petitioner raised proceedings against the respondent for a disqualification order under section 6 of the Company Directors Disqualification Act 1986. The events that gave rise to the petition arose out of allegations regarding the respondent's conduct in the course of the winding up of the company known as Oakbank (J&S) Limited.
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By Euan Dow on 08/03/2006 00:00
Additional Fee
The petitioner here was an insurance company. Before it ceased to write business it had been authorised to write all classes of non-life business except motor insurance. From 1982 it underwrote, in particular, excess of loss business. On 9 December 1994 it ceased writing business, and since then it had been in run-off, paying claims as they fall due. By 2005 its insurance-related liabilities were mainly long term and consequently the process of run-off would in ordinary course last for several y ...
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