Percy v Govan Initiative Ltd [2011] ScotCS CSOH_177 (21 October 2011)

Percy v Govan Initiative Ltd [2011] ScotCS CSOH_177 (21 October 2011)

The pursuer's pleadings failed to establish a relevant causal link between the alleged breach of duty and the claimed losses, and lacked sufficient specification of loss. The action was dismissed as irrelevant.

Citation
[2011] ScotCS CSOH_177
Parties
Pursuer: James Percy; Defender: Govan Initiative Limited
Jurisdiction
Scotland
Judgment Date
21 October 2011
Procedural Posture
Civil Action for Damages (delict/negligence) / Procedure Roll (pleadings Debate), Dismissal
Outcome
Action dismissed
Legal Topics
Duty of Care, Business Advisory Liability, Causation, Loss Quantification
Delict Negligence Contract Duty of Care Business Advisory Liability Causation Loss Quantification

Case Brief

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Parties

James Percy

Pursuer

Govan Initiative Limited

Defender

Procedural Posture

Civil Action for Damages (delict/negligence) / Procedure Roll (pleadings Debate), Dismissal

Legal Issues

  1. 1 Whether the defender owed the pursuer a duty of care in business advice
  2. 2 Whether breach of duty caused pursuer's alleged losses
  3. 3 Whether pursuer's pleadings sufficiently specify loss and causation

Ratio Decidendi

The pursuer's pleadings failed to establish a relevant causal link between the alleged breach of duty and the claimed losses, and lacked sufficient specification of loss. The action was dismissed as irrelevant.

Court Disposition

Action dismissed

Orders

  • First and second pleas-in-law for the defenders upheld
  • Case put out By Order to consider expenses