Marine & Offshore (Scotland) Ltd v Jack & Ors [2017] ScotCS CSOH_89 (23 June 2017)

Marine & Offshore (Scotland) Ltd v Jack & Ors [2017] ScotCS CSOH_89 (23 June 2017)

The pursuers' case based on the alleged fraudulent scheme is irrelevant and fundamentally lacking in specification because it fails to aver essential facts regarding the knowledge and intent of the second and third defenders, the mechanism and timing of any fixed rate agreement, and the causal link to loss. The pleadings do not provide sufficient notice to the defenders of the case against them, nor do they meet the legal requirements for pleading fraud or loss of profit.

Citation
[2017] ScotCS CSOH_89
Parties
Pursuer: Marine & Offshore (Scotland) Limited; First Defender: Robert Jack; Second Defender: Second Defender; Third Defender: Third Defenders
Jurisdiction
Scotland
Judgment Date
23 June 2017
Procedural Posture
Civil / Debate on Relevancy and Specification (plea in Law)
Outcome
Second and third defenders' first plea-in-law sustained to the extent of excluding the fraudulent scheme case from probation; remainder of the case to proceed to Proof Before Answer.
Legal Topics
Fraudulent Misrepresentation, Loss of Profit, Specification of Pleadings, Agency Labour Contracts
Commercial Law Fraud Contract Law Fraudulent Misrepresentation Loss of Profit Specification of Pleadings Agency Labour Contracts

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Parties

Marine & Offshore (Scotland) Limited

Pursuer

Robert Jack

First Defender

Second Defender

Second Defender

Third Defenders

Third Defender

Procedural Posture

Civil / Debate on Relevancy and Specification (plea in Law)

Legal Issues

  1. 1 Whether the pursuers' pleadings disclose a relevant and sufficiently specific case of fraud against the second and third defenders
  2. 2 Whether the pursuers have adequately specified and pled loss arising from the alleged fraudulent scheme

Ratio Decidendi

The pursuers' case based on the alleged fraudulent scheme is irrelevant and fundamentally lacking in specification because it fails to aver essential facts regarding the knowledge and intent of the second and third defenders, the mechanism and timing of any fixed rate agreement, and the causal link to loss. The pleadings do not provide sufficient notice to the defenders of the case against them, nor do they meet the legal requirements for pleading fraud or loss of profit.

Court Disposition

Second and third defenders' first plea-in-law sustained to the extent of excluding the fraudulent scheme case from probation; remainder of the case to proceed to Proof Before Answer.

Orders

  • Averments relating to the fraudulent scheme against the second and third defenders not admitted to probation.
  • Case to proceed to Proof Before Answer on the remaining grounds.