Pinnacle Cloud Solutions Ltd v MacLellan Property Ltd [2014] ScotCS CSOH_155 (28 October 2014)

Pinnacle Cloud Solutions Ltd v MacLellan Property Ltd [2014] ScotCS CSOH_155 (28 October 2014)

The defender deliberately failed to deliver the Dell PC hard drives and Buffalo external hard drives in breach of its undertaking to the court, amounting to contempt of court. The pursuer failed to prove that the items remained in the defender's possession, so no order for delivery was made. The breach regarding Dunfermline Building Society backup tapes was inadvertent and did not constitute contempt.

Citation
[2014] ScotCS CSOH_155
Parties
Pursuer: Pinnacle Cloud Solutions Limited; Defender: MacLellan Property Limited
Jurisdiction
Scotland
Judgment Date
28 October 2014
Procedural Posture
Commercial Action for Delivery and Contempt / Post Proof Judgment
Outcome
Finding of contempt of court for deliberate breach of undertaking regarding specified items; no order for delivery granted.
Legal Topics
Breach of Undertaking, Delivery of Property, Contempt Proceedings, Asset Transfer, Data Protection
Commercial Law Civil Procedure Contempt of Court Breach of Undertaking Delivery of Property Contempt Proceedings Asset Transfer Data Protection

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Parties

Pinnacle Cloud Solutions Limited

Pursuer

MacLellan Property Limited

Defender

Procedural Posture

Commercial Action for Delivery and Contempt / Post Proof Judgment

Legal Issues

  1. 1 Whether the defender breached a court undertaking to deliver specified property to the pursuer
  2. 2 Whether the breach amounted to contempt of court
  3. 3 Whether the items sought remained in the defender's possession

Ratio Decidendi

The defender deliberately failed to deliver the Dell PC hard drives and Buffalo external hard drives in breach of its undertaking to the court, amounting to contempt of court. The pursuer failed to prove that the items remained in the defender's possession, so no order for delivery was made. The breach regarding Dunfermline Building Society backup tapes was inadvertent and did not constitute contempt.

Court Disposition

Finding of contempt of court for deliberate breach of undertaking regarding specified items; no order for delivery granted.

Orders

  • Finding of contempt of court against defender for failure to deliver Dell PC hard drives and Buffalo external hard drives
  • No order for delivery of property