Brodie & Ors v. Secretary State Scotland [2002] ScotCS 159 (6th June, 2002)

Brodie & Ors v. Secretary State Scotland [2002] ScotCS 159 (6th June, 2002)

The pursuers failed to aver a relevant case for reduction of the dispositions or for any of the other remedies sought. The trustees had power of sale, purchasers were protected by statute, there was no relevant averment of undervalue, bad faith, or improper benefit, and the claims for damages and removal of trustees were irrelevant or incompetent. The action was also procedurally incompetent and not intimated to all interested parties.

Citation
[2002] ScotCS 159
Parties
Pursuers: Alexander Tristan Duff Brodie of Brodie & others; First Defender: Secretary of State for Scotland (later Scottish Ministers); Second Defender: National Trust for Scotland; Third Defender: Montagu Ninian Alexander Brodie of Brodie; Fourth Defender: Fourth Defender; Fifth Defender: Fifth Defender; Sixth Defender: Sixth Defender
Jurisdiction
Scotland
Procedural Posture
Civil Action (outer House, Court of Session) / Procedure Roll (pleadings and Relevancy, Not Proof)
Outcome
Action dismissed
Legal Topics
Breach of Trust, Sale of Trust Property, Reduction of Dispositions, Appointment and Removal of Trustees, Damages for Loss of Property, Human Rights (echr), Competency of Proceedings
Trusts and Estates Property Law Civil Procedure Breach of Trust Sale of Trust Property Reduction of Dispositions Appointment and Removal of Trustees Damages for Loss of Property +2 more

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Parties

Alexander Tristan Duff Brodie of Brodie & others

Pursuers

Secretary of State for Scotland (later Scottish Ministers)

First Defender

National Trust for Scotland

Second Defender

Montagu Ninian Alexander Brodie of Brodie

Third Defender

Fourth Defender

Fourth Defender

Fifth Defender

Fifth Defender

Sixth Defender

Sixth Defender

Procedural Posture

Civil Action (outer House, Court of Session) / Procedure Roll (pleadings and Relevancy, Not Proof)

Legal Issues

  1. 1 Whether the sale of Brodie Castle and related property by trustees was at undervalue and in breach of trust
  2. 2 Whether the third defender improperly benefited from the sale
  3. 3 Whether the purchasers (Secretary of State for Scotland and National Trust for Scotland) acted in bad faith

Ratio Decidendi

The pursuers failed to aver a relevant case for reduction of the dispositions or for any of the other remedies sought. The trustees had power of sale, purchasers were protected by statute, there was no relevant averment of undervalue, bad faith, or improper benefit, and the claims for damages and removal of trustees were irrelevant or incompetent. The action was also procedurally incompetent and not intimated to all interested parties.

Court Disposition

Action dismissed

Orders

  • Sustained first defender's first plea in law
  • Sustained second defender's first plea in law