DICKIE & MOORE LTD AGAINST RONALD JAMES McLEISH, MRS DIANE McLEISH AND CATRIONA WATT [2019] ScotCS CSOH_71 (12 September 2019)
A material part of the dispute described in the Notice of Adjudication had not crystallised before the notice was served; therefore, enforcement of the adjudicator’s decision cannot proceed as sought.
- Citation
- [2019] ScotCS CSOH_71
- Parties
- Pursuer: Dickie & Moore Limited; Defender: Ronald James McLeish; Defender: Mrs Diane McLeish; Defender: Catriona Watt
- Jurisdiction
- Scotland
- Judgment Date
- 12 September 2019
- Procedural Posture
- Commercial Action / Judgment Following Proof Before Answer
- Outcome
- Enforcement refused; case to be put out by order for further submissions on severance or disposal.
- Legal Topics
- Adjudication Enforcement, Trusts, Jurisdiction, Natural Justice, Crystallisation of Disputes
Case Brief
Summary, issues, holding and outcome
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Parties
Dickie & Moore Limited
Pursuer
Ronald James McLeish
Defender
Mrs Diane McLeish
Defender
Catriona Watt
Defender
Procedural Posture
Commercial Action / Judgment Following Proof Before Answer
Legal Issues
- 1 Did the adjudicator have jurisdiction to entertain a claim advanced against 'the Lauren McLeish Trust'?
- 2 Did the adjudicator fail to exhaust his jurisdiction?
- 3 Was there a material breach of natural justice?
Ratio Decidendi
A material part of the dispute described in the Notice of Adjudication had not crystallised before the notice was served; therefore, enforcement of the adjudicator’s decision cannot proceed as sought.
Court Disposition
Enforcement refused; case to be put out by order for further submissions on severance or disposal.
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