Royal Scottish Assurance Plc v Scottish Equitable Plc [2006] ScotCS CSIH_47 (11 October 2006)

Royal Scottish Assurance Plc v Scottish Equitable Plc [2006] ScotCS CSIH_47 (11 October 2006)

The central issues regarding the construction of clause 3(C), the sufficiency of the pursuers' pleadings, and the appropriate measure of damages cannot be resolved on the pleadings alone and require enquiry into the facts. The Lord Ordinary was correct to allow proof before answer and to reserve the plea to relevancy.

Citation
[2006] ScotCS CSIH_47
Parties
Pursuers and Respondents: Royal Scottish Assurance plc; Defenders and Reclaimers: Scottish Equitable plc
Jurisdiction
Scotland
Judgment Date
11 October 2006
Procedural Posture
Reclaiming Motions (appeals) in Actions of Damages / Interlocutory Appeal Against Lord Ordinary's Decision to Repel Plea to Relevancy and Allow Proof Before Answer
Outcome
Interlocutors of the Lord Ordinary recalled; plea to relevancy reserved; proof before answer allowed on the whole record.
Legal Topics
Interpretation of Contractual Duties, Standard of Care in Provision of Services, Measure of Damages, Regulatory Compliance, Concurrent Liability in Contract and Delict, Pleading and Specification Requirements
Contract Law Insurance Law Delict (tort) Civil Procedure Interpretation of Contractual Duties Standard of Care in Provision of Services Measure of Damages Regulatory Compliance +2 more

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Parties

Royal Scottish Assurance plc

Pursuers and Respondents

Scottish Equitable plc

Defenders and Reclaimers

Procedural Posture

Reclaiming Motions (appeals) in Actions of Damages / Interlocutory Appeal Against Lord Ordinary's Decision to Repel Plea to Relevancy and Allow Proof Before Answer

Legal Issues

  1. 1 Whether the defenders owed contractual and delictual duties to the pursuers in the provision of specified services under the Reinsurance Agreement
  2. 2 Proper construction of clause 3(C) of the Reinsurance Agreement regarding standard of services
  3. 3 Whether the pursuers' pleadings provided sufficient specification of alleged breaches and losses

Ratio Decidendi

The central issues regarding the construction of clause 3(C), the sufficiency of the pursuers' pleadings, and the appropriate measure of damages cannot be resolved on the pleadings alone and require enquiry into the facts. The Lord Ordinary was correct to allow proof before answer and to reserve the plea to relevancy.

Court Disposition

Interlocutors of the Lord Ordinary recalled; plea to relevancy reserved; proof before answer allowed on the whole record.

Orders

  • Recall interlocutor of Lord Ordinary in each action
  • Reserve plea to relevancy