Dramgate Ltd v Tyne Dock Engineering Ltd & Ors [1999] ScotCS 230 (1 October 1999)

Dramgate Ltd v Tyne Dock Engineering Ltd & Ors [1999] ScotCS 230 (1 October 1999)

Execution of arrestment on the dependence of an action, without first executing arrestment to found jurisdiction where required, is wholly unjustifiable and wrongful, even if formally regular. In such circumstances, it is not necessary for the pursuer in a damages action to aver malice and want of probable cause; wrongful use alone suffices.

Citation
[1999] ScotCS 230
Parties
Pursuers and Respondents: Dramgate Limited; Defenders and Reclaimers: Tyne Dock Engineering Limited and Others
Jurisdiction
Scotland
Judgment Date
01 October 1999
Procedural Posture
Reclaiming Motion (appeal) / Appeal From Lord Ordinary's Interlocutor Repelling Pleas to Relevancy and Lack of Specification
Outcome
Reclaiming motion refused; case remitted to Lord Ordinary to proceed as accords.
Legal Topics
Arrestment to Found Jurisdiction, Arrestment on the Dependence, Jurisdiction of Scottish Courts, Wrongful Use of Diligence, Damages for Wrongful Arrestment
Civil Procedure Maritime Law Arrestment to Found Jurisdiction Arrestment on the Dependence Jurisdiction of Scottish Courts Wrongful Use of Diligence Damages for Wrongful Arrestment

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Parties

Dramgate Limited

Pursuers and Respondents

Tyne Dock Engineering Limited and Others

Defenders and Reclaimers

Procedural Posture

Reclaiming Motion (appeal) / Appeal From Lord Ordinary's Interlocutor Repelling Pleas to Relevancy and Lack of Specification

Legal Issues

  1. 1 Whether execution of arrestment on the dependence without prior arrestment to found jurisdiction is wrongful and actionable
  2. 2 Whether averments of malice and want of probable cause are necessary for an action of damages for wrongful arrestment in these circumstances

Ratio Decidendi

Execution of arrestment on the dependence of an action, without first executing arrestment to found jurisdiction where required, is wholly unjustifiable and wrongful, even if formally regular. In such circumstances, it is not necessary for the pursuer in a damages action to aver malice and want of probable cause; wrongful use alone suffices.

Court Disposition

Reclaiming motion refused; case remitted to Lord Ordinary to proceed as accords.

Orders

  • Refusal of reclaiming motion by second third party
  • Remit to Lord Ordinary for further procedure