Forefront Scaffolding Hire & Sales LTD against Pro Global Freight Solutions Ltd & Ors (Sheriff Appeal Court Civil) [2024] SACCIV 39 (15 August 2024)

Forefront Scaffolding Hire & Sales LTD against Pro Global Freight Solutions Ltd & Ors (Sheriff Appeal Court Civil) [2024] SACCIV 39 (15 August 2024)

The third party was not competently convened in the action as the pursuers did not follow the proper procedure under Rule 20, which only allows a pursuer to use third party procedure in relation to a counterclaim. The pleadings did not disclose a relevant case against the third party for inducing breach of contract or delict, as there were no averments of intention or knowledge required for such liability. The action as framed against the third party was incompetent and irrelevant.

Citation
[2024] SACCIV 39
Parties
Pursuer and Respondent: Forefront Scaffolding Hire & Sales Limited; First Defender: Pro Global Freight Solutions Ltd; Second Defender: ZL Group Ltd; Third Defender: Joint Venture Scaffolding Ltd; Third Party and Appellant: The Chief Constable of Police Scotland
Jurisdiction
Scotland
Judgment Date
15 August 2024
Procedural Posture
Civil Appeal / Appeal Against Interlocutor Allowing Proof Before Answer and Related Orders
Outcome
Appeal allowed; action dismissed as against the third party (Chief Constable)
Legal Topics
Declarator of Ownership, Third Party Procedure, Competency of Proceedings, Inducing Breach of Contract, Multiplepoinding, All Parties Not Called, Specification and Relevancy of Pleadings
Civil Procedure Property Law Delict (tort) Declarator of Ownership Third Party Procedure Competency of Proceedings Inducing Breach of Contract Multiplepoinding +2 more

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Parties

Forefront Scaffolding Hire & Sales Limited

Pursuer and Respondent

Pro Global Freight Solutions Ltd

First Defender

ZL Group Ltd

Second Defender

Joint Venture Scaffolding Ltd

Third Defender

The Chief Constable of Police Scotland

Third Party and Appellant

Procedural Posture

Civil Appeal / Appeal Against Interlocutor Allowing Proof Before Answer and Related Orders

Legal Issues

  1. 1 Whether the third party (Chief Constable) was competently convened in the action
  2. 2 Whether all necessary parties were called to determine ownership of the property
  3. 3 Whether the pleadings disclosed a relevant case against the third party for inducing breach of contract or other delict

Ratio Decidendi

The third party was not competently convened in the action as the pursuers did not follow the proper procedure under Rule 20, which only allows a pursuer to use third party procedure in relation to a counterclaim. The pleadings did not disclose a relevant case against the third party for inducing breach of contract or delict, as there were no averments of intention or knowledge required for such liability. The action as framed against the third party was incompetent and irrelevant.

Court Disposition

Appeal allowed; action dismissed as against the third party (Chief Constable)

Orders

  • Repel the third party's first plea-in-law (all parties not called) in principal action and counterclaim
  • Sustain the third party's second and third pleas-in-law in principal action and counterclaim