A Ltd & Ors v F [2014] ScotCS CSOH_169 (27 November 2014)

A Ltd & Ors v F [2014] ScotCS CSOH_169 (27 November 2014)

The defender failed to attend a peremptory proof diet restricted to damages, provided no valid or credible medical excuse, and had a history of wilful breach of contractual and court obligations. In these circumstances, decree by default was appropriate.

Citation
[2014] ScotCS CSOH_169
Parties
Pursuer: A Limited; Pursuer: B Limited; Pursuer: C Limited; Pursuer: D Limited; Pursuer: E Limited; Defender: F
Jurisdiction
Scotland
Judgment Date
27 November 2014
Procedural Posture
Civil Damages for Breach of Contract and Interdict / Judgment After Proof Before Answer; Decree by Default
Outcome
Decree by default granted in favour of the pursuers.
Legal Topics
Restrictive Covenants, Breach of Contract, Interdict, Damages, Decree by Default
Contract Law Employment Law Civil Procedure Restrictive Covenants Breach of Contract Interdict Damages Decree by Default

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

A Limited

Pursuer

B Limited

Pursuer

C Limited

Pursuer

D Limited

Pursuer

E Limited

Pursuer

F

Defender

Procedural Posture

Civil Damages for Breach of Contract and Interdict / Judgment After Proof Before Answer; Decree by Default

Legal Issues

  1. 1 Whether the defender breached restrictive covenants in Service Agreement and Share Purchase Agreement
  2. 2 Whether the defender breached interim and permanent interdicts
  3. 3 Whether the defender's failure to attend proof diet justified decree by default

Ratio Decidendi

The defender failed to attend a peremptory proof diet restricted to damages, provided no valid or credible medical excuse, and had a history of wilful breach of contractual and court obligations. In these circumstances, decree by default was appropriate.

Court Disposition

Decree by default granted in favour of the pursuers.

Orders

  • Decree for payment by the defender to the fourth pursuer of £6,507,000 with interest at 8% per annum from date of citation until payment.
  • Decree for payment by the defender to the pursuers of the expenses of the action.