Gillespie v Gillespie & Ors [2011] ScotCS CSOH_201 (30 November 2011)

Gillespie v Gillespie & Ors [2011] ScotCS CSOH_201 (30 November 2011)

The option agreement to purchase Ford Farm was acquired as part of a partnership development proposal and is therefore a partnership asset held by Mr Graham Gillespie on behalf of the partnership.

Citation
[2011] ScotCS CSOH_201
Parties
Pursuer: James Stevenson Gillespie; Defender: Thomas Graham Gillespie; Defender: Allan Wilkinson Stanfield Gillespie; Defender: The Partnership of Thomas Graham Gillespie, Alan Wilkinson Stanfield Gillespie, James Stevenson Gillespie and Gary Stanfield Gillespie
Jurisdiction
Scotland
Judgment Date
30 November 2011
Procedural Posture
Civil Action (declarator) / Supplementary Opinion Following Earlier Judgment
Outcome
Declarator granted
Legal Topics
Partnership Assets, Option Agreements, Development Rights
Partnership Law Property Law Partnership Assets Option Agreements Development Rights

Case Brief

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Parties

James Stevenson Gillespie

Pursuer

Thomas Graham Gillespie

Defender

Allan Wilkinson Stanfield Gillespie

Defender

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

Defender

Procedural Posture

Civil Action (declarator) / Supplementary Opinion Following Earlier Judgment

Legal Issues

  1. 1 Whether the option agreement to purchase Ford Farm is a partnership asset
  2. 2 Whether the partnership has an interest in the option agreement

Ratio Decidendi

The option agreement to purchase Ford Farm was acquired as part of a partnership development proposal and is therefore a partnership asset held by Mr Graham Gillespie on behalf of the partnership.

Court Disposition

Declarator granted

Orders

  • Declared that the option agreement to purchase Ford Farm is a partnership asset held by Mr Graham Gillespie on behalf of the partnership