Gillespie v. Toondale Ltd [2005] ScotCS CSIH_92 (09 December 2005)

Gillespie v. Toondale Ltd [2005] ScotCS CSIH_92 (09 December 2005)

The pursuer failed to demonstrate a cogent and convincing prima facie case for retention of inhibition; the claim is unsupported and lacks documentary vouching, and the pleadings are unsatisfactory.

Citation
[2005] ScotCS CSIH_92
Parties
Pursuer and Reclaimer: Thomas Graham Gillespie; Defenders and Respondents: Toondale Limited
Jurisdiction
Scotland
Judgment Date
09 December 2005
Procedural Posture
Reclaiming Motion / Appeal Against Recall of Inhibition on the Dependence
Outcome
Recall of inhibition on the dependence granted; inhibition recalled.
Legal Topics
Inhibition on the Dependence, Oral Contract, Judicial Security, Prima Facie Case
Civil Procedure Contract Law Inhibition on the Dependence Oral Contract Judicial Security Prima Facie Case

Case Brief

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Parties

Thomas Graham Gillespie

Pursuer and Reclaimer

Toondale Limited

Defenders and Respondents

Procedural Posture

Reclaiming Motion / Appeal Against Recall of Inhibition on the Dependence

Legal Issues

  1. 1 Whether the pursuer has established a prima facie case to justify retention of inhibition on the dependence
  2. 2 Whether the Lord Ordinary erred in his assessment of the pleadings and the test to be applied

Ratio Decidendi

The pursuer failed to demonstrate a cogent and convincing prima facie case for retention of inhibition; the claim is unsupported and lacks documentary vouching, and the pleadings are unsatisfactory.

Court Disposition

Recall of inhibition on the dependence granted; inhibition recalled.

Orders

  • Interlocutor of 9 September 2005 recalled
  • Inhibition on the dependence recalled