Green v Gill & Ors [1999] ScotCS 233 (8 October 1999)

Green v Gill & Ors [1999] ScotCS 233 (8 October 1999)

Only expenses directly related to the realisation of the pursuer's Certificate are deductible under Clause (TEN) of the Syndicate Agreement. Expenses related to disciplinary proceedings, general syndicate costs, or unrelated legal actions are not deductible from the proceeds of sale of the pursuer's entitlement. The pursuer's averments regarding the adequacy of the price obtained for the Certificate are relevant and should be remitted to proof.

Citation
[1999] ScotCS 233
Parties
Pursuer: Anthony D. Green; Defenders: John Gill and Others
Jurisdiction
Scotland
Judgment Date
08 October 1999
Procedural Posture
Civil / Procedure Roll Debate on Objections to Account of Intromissions and Interpretation of Contract
Outcome
Proof before answer allowed on the pursuer's objections to the account of intromissions, with certain averments excluded from probation.
Legal Topics
Interpretation of Contractual Clauses, Deduction of Expenses, Obligations of Trustees, Expulsion From Syndicate, Accounting and Reckoning
Contract Law Trusts and Estates Interpretation of Contractual Clauses Deduction of Expenses Obligations of Trustees Expulsion From Syndicate Accounting and Reckoning

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Parties

Anthony D. Green

Pursuer

John Gill and Others

Defenders

Procedural Posture

Civil / Procedure Roll Debate on Objections to Account of Intromissions and Interpretation of Contract

Legal Issues

  1. 1 Whether certain expenses are deductible from the proceeds of sale of the pursuer's entitlement under Clause (TEN) of the Syndicate Agreement
  2. 2 Whether the defenders endeavoured to obtain the best possible price for the pursuer's Certificate

Ratio Decidendi

Only expenses directly related to the realisation of the pursuer's Certificate are deductible under Clause (TEN) of the Syndicate Agreement. Expenses related to disciplinary proceedings, general syndicate costs, or unrelated legal actions are not deductible from the proceeds of sale of the pursuer's entitlement. The pursuer's averments regarding the adequacy of the price obtained for the Certificate are relevant and should be remitted to proof.

Court Disposition

Proof before answer allowed on the pursuer's objections to the account of intromissions, with certain averments excluded from probation.

Orders

  • Sustain plea-in-law 2 and 4 for the pursuer to the extent of excluding from probation the defenders' averments supporting deductions in items 1, 3, 4, and 6 of the Schedule to the account of intromissions.
  • Repel plea-in-law 2 of the defenders related to their answers to the objections.