Alba Tools Ltd v Buchanan & Anor [1999] ScotCS 196; (1993 Limited (19th August 1999)

Alba Tools Ltd v Buchanan & Anor [1999] ScotCS 196; (1993 Limited (19th August 1999)

The pursuers' averments against the first defender are irrelevant as they do not allege any positive act or specific conduct amounting to breach of the interim interdict. Mere inaction or 'knowingly permitting' is insufficient to constitute breach. The statements alleged are not shown to be defamatory, and the pleas of personal bar and res judicata do not apply. Accordingly, the Minute is dismissed.

Citation
[1999] ScotCS 196
Parties
Pursuer: Alba Tools Limited; First Defender: Nigel Alexander Buchanan; Second Defender: Liquid Levers (1993) Limited
Jurisdiction
Scotland
Procedural Posture
Minute for Breach of Interim Interdict in Civil Action / Procedure Roll Hearing on Relevancy
Outcome
Minute dismissed
Legal Topics
Breach of Interdict, Patent Infringement, Defamation, Personal Bar, Res Judicata
Civil Procedure Intellectual Property Defamation Breach of Interdict Patent Infringement Personal Bar Res Judicata

Case Brief

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Parties

Alba Tools Limited

Pursuer

Nigel Alexander Buchanan

First Defender

Liquid Levers (1993) Limited

Second Defender

Procedural Posture

Minute for Breach of Interim Interdict in Civil Action / Procedure Roll Hearing on Relevancy

Legal Issues

  1. 1 Whether the first defender breached the interim interdict by knowingly permitting a letter to be sent in breach of the order
  2. 2 Whether the pursuers' averments are relevant and specific enough to constitute a breach of interdict
  3. 3 Whether statements made by the first defender were defamatory and thus in breach of the interdict

Ratio Decidendi

The pursuers' averments against the first defender are irrelevant as they do not allege any positive act or specific conduct amounting to breach of the interim interdict. Mere inaction or 'knowingly permitting' is insufficient to constitute breach. The statements alleged are not shown to be defamatory, and the pleas of personal bar and res judicata do not apply. Accordingly, the Minute is dismissed.

Court Disposition

Minute dismissed

Orders

  • Sustain plea-in-law 1 for the first defender and dismiss the pursuers' Minute.