STEWART MILNE GROUP LIMITED v. ALLAN WILLIAM CRUICKSHANK AND CATRIONA JANE CRUICKSHANK [2009] ScotSC 113 (26 May 2009)

STEWART MILNE GROUP LIMITED v. ALLAN WILLIAM CRUICKSHANK AND CATRIONA JANE CRUICKSHANK [2009] ScotSC 113 (26 May 2009)

The decisive factor is the nature of the transaction or dispute, not the status of the parties. The sale of property by a commercial developer to a purchaser, even if the purchaser is not in business, is a transaction of a commercial or business nature when the property is purchased as an investment. Therefore, the action was competently raised as a commercial action under Chapter 40.

Citation
[2009] ScotSC 113
Parties
Pursuer: Stewart Milne Group Limited; Defender: Allan William Cruickshank; Defender: Catriona Jane Cruickshank
Jurisdiction
Scotland
Judgment Date
26 May 2009
Procedural Posture
Commercial Action / Decision on Preliminary Plea to Competency
Outcome
Defender's first plea-in-law repelled; pursuer entitled to expenses of the debate.
Legal Topics
Competency of Commercial Actions, Definition of Commercial or Business Nature, Consumer Contracts Vs Commercial Actions
Civil Procedure Commercial Law Competency of Commercial Actions Definition of Commercial or Business Nature Consumer Contracts Vs Commercial Actions

Case Brief

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Parties

Stewart Milne Group Limited

Pursuer

Allan William Cruickshank

Defender

Catriona Jane Cruickshank

Defender

Procedural Posture

Commercial Action / Decision on Preliminary Plea to Competency

Legal Issues

  1. 1 Whether the action arises out of or is concerned with a transaction or dispute of a commercial or business nature within the meaning of Chapter 40 of the Ordinary Cause Rules
  2. 2 Whether a dispute between a commercial entity and a lay purchaser can competently be raised as a commercial action

Ratio Decidendi

The decisive factor is the nature of the transaction or dispute, not the status of the parties. The sale of property by a commercial developer to a purchaser, even if the purchaser is not in business, is a transaction of a commercial or business nature when the property is purchased as an investment. Therefore, the action was competently raised as a commercial action under Chapter 40.

Court Disposition

Defender's first plea-in-law repelled; pursuer entitled to expenses of the debate.

Orders

  • Defender's first plea-in-law repelled
  • Defender found liable to pursuer in expenses of the diet of debate