Laing & Ors v Land [2000] ScotCS 287 (15 November 2000)

Laing & Ors v Land [2000] ScotCS 287 (15 November 2000)

The defender remains under an obligation to account to the pursuers for any sums received after 4 June 1996 from the Scottish Legal Aid Board for work done while a partner, as the settlement agreement did not extinguish the obligation to account but preserved it for future receipts. The pursuers' averments of receipt and intromission are sufficient to justify an order for accounting.

Citation
[2000] ScotCS 287
Parties
Pursuers and Appellants: Messrs Lyons Laing and Others; Defender and Respondent: Marie Land
Jurisdiction
Scotland
Judgment Date
15 November 2000
Procedural Posture
Appeal From Sheriffdom Decision (civil Partnership Dispute) / Appeal Judgment
Outcome
Appeal allowed; Sheriff's interlocutor recalled; matter remitted to Sheriff for further procedure.
Legal Topics
Count, Reckoning and Payment, Obligation to Account, Settlement Agreements, Partnership Dissolution
Civil Procedure Partnership Law Count, Reckoning and Payment Obligation to Account Settlement Agreements Partnership Dissolution

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Messrs Lyons Laing and Others

Pursuers and Appellants

Marie Land

Defender and Respondent

Procedural Posture

Appeal From Sheriffdom Decision (civil Partnership Dispute) / Appeal Judgment

Legal Issues

  1. 1 Whether the defender is under an obligation to account to the pursuers for sums received from the Scottish Legal Aid Board after 4 June 1996 for work done while a partner in the firm.
  2. 2 Whether the Sheriff's dismissal of the action without hearing further submissions was procedurally correct.

Ratio Decidendi

The defender remains under an obligation to account to the pursuers for any sums received after 4 June 1996 from the Scottish Legal Aid Board for work done while a partner, as the settlement agreement did not extinguish the obligation to account but preserved it for future receipts. The pursuers' averments of receipt and intromission are sufficient to justify an order for accounting.

Court Disposition

Appeal allowed; Sheriff's interlocutor recalled; matter remitted to Sheriff for further procedure.

Orders

  • Defender ordained to account to the pursuers in respect of any sums received by her after 4 June 1996 by way of fees from the Scottish Legal Aid Board for work done whilst a partner in the firm of Messrs Lyons Laing & Company.
  • Matter remitted to the Sheriff to proceed as accords.