Stiell Facilities Ltd v Sir Robert Mcalpine Ltd [2001] ScotCS 203 (8 August 2001)

Stiell Facilities Ltd v Sir Robert Mcalpine Ltd [2001] ScotCS 203 (8 August 2001)

Arrestments on the dependence recalled because pursuers do not have a colourable or stateable case; their title to sue is contingent on the outcome of separate rectification proceedings and they are not the named party in the relevant sub-contract.

Citation
[2001] ScotCS 203
Parties
Pursuer: Stiell Facilities Limited; Defender: Sir Robert McAlpine Limited
Jurisdiction
Scotland
Judgment Date
08 August 2001
Procedural Posture
Motion for Recall of Arrestments on the Dependence / Vacation Court Hearing Prior to Summons Calling
Outcome
Motion granted; arrestments on the dependence recalled.
Legal Topics
Arrestment on the Dependence, Title to Sue, Oppressive Diligence, Sub Contract Payment Dispute
Civil Procedure Contract Law Arrestment on the Dependence Title to Sue Oppressive Diligence Sub Contract Payment Dispute

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Parties

Stiell Facilities Limited

Pursuer

Sir Robert McAlpine Limited

Defender

Procedural Posture

Motion for Recall of Arrestments on the Dependence / Vacation Court Hearing Prior to Summons Calling

Legal Issues

  1. 1 Whether arrestments on the dependence are nimious and oppressive
  2. 2 Whether pursuers have a colourable or stateable case for payment under the sub-contract

Ratio Decidendi

Arrestments on the dependence recalled because pursuers do not have a colourable or stateable case; their title to sue is contingent on the outcome of separate rectification proceedings and they are not the named party in the relevant sub-contract.

Court Disposition

Motion granted; arrestments on the dependence recalled.

Orders

  • Recall of arrestments on the dependence