The Claimant was an investment banker who worked on a freelance basis. The Defendant was retained to find investors for a company and agreed with the Claimant that he would act as a sub-broker and receive 70% of the brokerage fee due to the Defendant. The Claimant identified a potential investor and introduced him. This potential investor in turn introduced a further investor who did invest in the company. The company was unable to meet the Defendant’s fee because it did not have the assets. The ...
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The claimant was an insurance broking company involved in insuring aviation risks with an international presence. It was one of the four main companies in that market, together with the first defendant and other such companies. It was common ground that 16 of the claimant's employees resigned from the claimant's employ and moved to the first defendant. The claimant brought proceedings against the defendants, alleging that the first defendant had carried out what was commonly called a 'team poach ...
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The advice of Counsel to accept an offer to setztle in respect of a professional negligence arising out of a time-barred clinical negligence case was advice to be expected of a reasonably competent solicitor or barrister and was in fact very good advice.
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Appeal from the Sheriff Court:- The pursuers were the landowners of an area of woodland in Fortrose. On 7 November 2005 the defenders served on the pursuers a notice under section 14(2) of the Land Reform (Scotland) Act 2003 requiring the landowner to take certain remedial action specified in the notice in relation to various provisions respecting public rights of access to land for recreational purposes. The notice required the pursuers to allow equestrian access to the track in question in add ...
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Practice and Procedure - Disclosure Disclosure of specific documents is necessary where evidence in a different employee’s grievance, of a “smoking gun” supporting the Claimant’s case of race discrimination, is found and sought to be pursued. Employment Judge’s refusal set aside and a fresh narrower application granted.
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The Pursuers/Appellents raised a small claim action for damages after the arrival of their baggage was delayed for 48 hours. They sought out of pocket expenses and also compensation for stress, inconvenience and disruption to their holiday. At the preliminary hearing the Sheriff had noted that there was no dispute on the facts but the issue was whether the court had jurisdiction and, if it did, whether the Defenders were protected under the Montreal Convention 1999, which, it was accepted, gover ...
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This case concerned the tenancy of a croft. The Pursuer/ Respondent was the widow of the tenant and the Defender/ Appellant was the Executor Nominate of the landlord of the croft at the time of the tenant’s death. The tenant had left a Will in which he did not make specific reference to the tenancy of the croft but directed that the residue of his estate was to pass to the Pursuer. In terms of s10 the Crofters (Scotland) Act 1993, a crofter could bequeath the tenancy of his crof ...
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Reclaiming Motion - Petition for judicial review, the petitioners were seeking to set aside an arbitral award. The dispute which was submitted to arbitration arose out of a contract between the petitioners and the first respondents in terms of which the petitioners were to act as managers of a semi-submersible drilling unit owned by the first respondents. A preliminary issue had arisen as to whether the application for setting aside the award was timeously made. That issue was debated before the ...
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