Reid v Swifts Of Scarborough Ltd [1998] ScotCS 28 (15 October 1998)

Reid v Swifts Of Scarborough Ltd [1998] ScotCS 28 (15 October 1998)

The appeal was abandoned by the defenders and appellants, and the allowance of inquiry by the sheriff principal stands. The court expressed no view on the substantive legal arguments, holding that factual inquiry is necessary before legal interpretation.

Citation
[1998] ScotCS 28
Parties
Pursuer and Respondent: David Reid; Defenders and Appellants: Swifts of Scarborough Limited
Jurisdiction
Scotland
Judgment Date
15 October 1998
Procedural Posture
Appeal / Interlocutory Appeal Against Allowance of Inquiry Before Answer
Outcome
Appeal abandoned; allowance of inquiry stands
Legal Topics
Commercial Agents, Compensation on Termination, Interpretation of Regulations
Commercial Law Employment Law Commercial Agents Compensation on Termination Interpretation of Regulations

Case Brief

Summary, issues, holding and outcome

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Parties

David Reid

Pursuer and Respondent

Swifts of Scarborough Limited

Defenders and Appellants

Procedural Posture

Appeal / Interlocutory Appeal Against Allowance of Inquiry Before Answer

Legal Issues

  1. 1 Whether the sheriff principal was correct to allow inquiry before answer regarding the right to compensation under Regulation 18(b)(ii) of the Commercial Agents (Council Directive) Regulations 1993
  2. 2 Whether the pleadings were sufficient regarding the reason for termination (age, infirmity or illness)

Ratio Decidendi

The appeal was abandoned by the defenders and appellants, and the allowance of inquiry by the sheriff principal stands. The court expressed no view on the substantive legal arguments, holding that factual inquiry is necessary before legal interpretation.

Court Disposition

Appeal abandoned; allowance of inquiry stands

Orders

  • Allowance of inquiry by the sheriff principal to stand
  • Reservation of all legal arguments on either side