Scottish Lion Engineering Ltd v Benson & Ors [2001] ScotCS 151 (13 June 2001)

Scottish Lion Engineering Ltd v Benson & Ors [2001] ScotCS 151 (13 June 2001)

The pursuers failed to aver any specific facts indicating that the Lord Ordinary erred or acted incompetently in pronouncing the interlocutor; absence of such averments is fatal to the action for reduction.

Citation
[2001] ScotCS 151
Parties
Pursuer: Scottish Lion Engineering Limited; Defender: Thomas Benson and Others
Jurisdiction
Scotland
Judgment Date
13 June 2001
Procedural Posture
Civil Petition for Reduction of Interlocutor / Procedure Roll (preliminary Challenge to Relevancy of Pleadings)
Outcome
Action dismissed
Legal Topics
Restoration of Company to Register, Limitation of Actions, Reduction of Interlocutor, Court Discretion Under Companies Act
Company Law Civil Procedure Personal Injury Restoration of Company to Register Limitation of Actions Reduction of Interlocutor Court Discretion Under Companies Act

Case Brief

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Parties

Scottish Lion Engineering Limited

Pursuer

Thomas Benson and Others

Defender

Procedural Posture

Civil Petition for Reduction of Interlocutor / Procedure Roll (preliminary Challenge to Relevancy of Pleadings)

Legal Issues

  1. 1 Whether the Lord Ordinary's interlocutor under section 651(6) of the Companies Act 1985 was incompetent for lack of consideration of section 19A of the Prescription and Limitation (Scotland) Act 1973
  2. 2 Whether sufficient averments were made to justify reduction of the interlocutor

Ratio Decidendi

The pursuers failed to aver any specific facts indicating that the Lord Ordinary erred or acted incompetently in pronouncing the interlocutor; absence of such averments is fatal to the action for reduction.

Court Disposition

Action dismissed

Orders

  • Action for reduction of interlocutor dismissed