Gillespie v Gillespie & Ors [2011] ScotCS CSOH_190 (18 November 2011)

Gillespie v Gillespie & Ors [2011] ScotCS CSOH_190 (18 November 2011)

The pursuer failed to prove, on balance of probabilities, that a partnership existed between the Gillespie brothers and Thomas Gillespie regarding Easter Balbeggie. There was insufficient objective evidence of a partnership agreement or shared intention, and the arrangement was instead a financial assistance and asset protection mechanism. No trust relationship was established. Waiver was not proved.

Citation
[2011] ScotCS CSOH_190
Parties
Pursuer: James Stevenson Gillespie; Defender: Thomas Graham Gillespie; Defender: Alan Wilkinson Stanfield Gillespie; Defender: Thomas Gillespie; Defender: The Partnership of Thomas Graham Gillespie, Alan Wilkinson Stanfield Gillespie, James Stevenson Gillespie, Gary Stanfield Gillespie and Thomas Gillespie; Defender: Laggan Investments Limited; Defender: Fife Regeneration Partnership Ltd
Jurisdiction
Scotland
Judgment Date
18 November 2011
Procedural Posture
Civil Action / Judgment After Proof
Outcome
Decree of absolvitor granted; pursuer's claims dismissed
Legal Topics
Existence of Partnership, Trusts Over Property, Waiver of Claims, Declarator, Mining Rights
Partnership Law Trust Law Property Law Existence of Partnership Trusts Over Property Waiver of Claims Declarator Mining Rights

Case Brief

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Parties

James Stevenson Gillespie

Pursuer

Thomas Graham Gillespie

Defender

Alan Wilkinson Stanfield Gillespie

Defender

Thomas Gillespie

Defender

The Partnership of Thomas Graham Gillespie, Alan Wilkinson Stanfield Gillespie, James Stevenson Gillespie, Gary Stanfield Gillespie and Thomas Gillespie

Defender

Laggan Investments Limited

Defender

Fife Regeneration Partnership Ltd

Defender

Procedural Posture

Civil Action / Judgment After Proof

Legal Issues

  1. 1 Whether a partnership existed between the Gillespie brothers and Thomas Gillespie regarding Easter Balbeggie
  2. 2 Whether Laggan Investments Limited held Easter Balbeggie in trust for the alleged partnership
  3. 3 Whether Fife Regeneration Partnership Ltd holds Easter Balbeggie in trust for the alleged partnership

Ratio Decidendi

The pursuer failed to prove, on balance of probabilities, that a partnership existed between the Gillespie brothers and Thomas Gillespie regarding Easter Balbeggie. There was insufficient objective evidence of a partnership agreement or shared intention, and the arrangement was instead a financial assistance and asset protection mechanism. No trust relationship was established. Waiver was not proved.

Court Disposition

Decree of absolvitor granted; pursuer's claims dismissed

Orders

  • Pleas of waiver and personal bar or resignation repelled
  • Relevant pleas in law for defenders sustained