JAMES ADRIAN WATSON AGAINST GRAHAM EDWARD FLETCHER [2023] ScotCS CSOH_88 (06 December 2023)
The obligation to make reparation for Holdings' entry into administration, based on specific breaches by the defender, was not previously pled and only arose from adjustments made after the prescriptive period; therefore, the claim is time-barred under section 6(1) of the Prescription and Limitation (Scotland) Act 1973.
- Citation
- [2023] ScotCS CSOH_88
- Parties
- Pursuer: James Adrian Watson; Defender: Graham Edward Fletcher
- Jurisdiction
- Scotland
- Judgment Date
- 06 December 2023
- Procedural Posture
- Civil / Debate (preliminary Hearing)
- Outcome
- Action dismissed
- Legal Topics
- Director's Fiduciary Duties, Prescription and Limitation, Company Administration, Adjustment of Pleadings
Case Brief
Summary, issues, holding and outcome
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Parties
James Adrian Watson
Pursuer
Graham Edward Fletcher
Defender
Procedural Posture
Civil / Debate (preliminary Hearing)
Legal Issues
- 1 Whether the pursuer's claim for damages based on Holdings' entry into administration is time-barred by prescription
- 2 Whether adjustments to pleadings represent a new obligation or merely a development of the original claim
Ratio Decidendi
The obligation to make reparation for Holdings' entry into administration, based on specific breaches by the defender, was not previously pled and only arose from adjustments made after the prescriptive period; therefore, the claim is time-barred under section 6(1) of the Prescription and Limitation (Scotland) Act 1973.
Court Disposition
Action dismissed
Orders
- Defender's first plea in law sustained
- Action dismissed
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