Wylie v Corrigan & Anor [1998] ScotCS 24 (13 October 1998)

Wylie v Corrigan & Anor [1998] ScotCS 24 (13 October 1998)

The defenders did not waive their right to arbitration by failing to raise the plea at the earliest stage, as it was stated before the record was closed. The mere lodging of partnership accounts prepared by auditors does not preclude the defenders from objecting to those accounts or from invoking arbitration. The sheriff principal was correct to allow the cause to be sisted for arbitration, and the appeal is refused.

Citation
[1998] ScotCS 24
Parties
Pursuer and Appellant: Jassim Wylie; 1st Defender and Respondent: Robert Howie Corrigan; 2nd Defender and Respondent: Anthony Ansari
Jurisdiction
Scotland
Judgment Date
13 October 1998
Procedural Posture
Appeal (civil, Partnership Dispute) / Appeal From Sheriff Principal to Court of Session
Outcome
Appeal refused; sheriff principal's decision affirmed
Legal Topics
Arbitration Clauses, Waiver of Arbitration, Count, Reckoning and Payment, Partnership Accounting, Procedural Timing of Arbitration Plea
Commercial Law Partnership Law Civil Procedure Arbitration Clauses Waiver of Arbitration Count, Reckoning and Payment Partnership Accounting Procedural Timing of Arbitration Plea

Case Brief

Summary, issues, holding and outcome

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Parties

Jassim Wylie

Pursuer and Appellant

Robert Howie Corrigan

1st Defender and Respondent

Anthony Ansari

2nd Defender and Respondent

Procedural Posture

Appeal (civil, Partnership Dispute) / Appeal From Sheriff Principal to Court of Session

Legal Issues

  1. 1 Whether the defenders waived their right to arbitration by not raising the plea at the earliest stage
  2. 2 Whether lodging of partnership accounts precludes subsequent challenge or reference to arbitration
  3. 3 Whether the procedural stage at which arbitration is invoked affects its availability

Ratio Decidendi

The defenders did not waive their right to arbitration by failing to raise the plea at the earliest stage, as it was stated before the record was closed. The mere lodging of partnership accounts prepared by auditors does not preclude the defenders from objecting to those accounts or from invoking arbitration. The sheriff principal was correct to allow the cause to be sisted for arbitration, and the appeal is refused.

Court Disposition

Appeal refused; sheriff principal's decision affirmed

Orders

  • Cause to be sisted for arbitration
  • Sheriff's interlocutors recalled