MCCLURE NAISMITH LLP v. MR. RUARI STEPHEN [2011] ScotSC 172 (31 October 2011)

MCCLURE NAISMITH LLP v. MR. RUARI STEPHEN [2011] ScotSC 172 (31 October 2011)

The defender is personally liable for the pursuers' fees under the clear and unambiguous terms of the letter of engagement, which he signed in his individual capacity. The defence that services were rendered to a company is irrelevant due to the personal guarantee clause. The defender's pleadings are irrelevant and lacking in specification, providing no fair notice of a relevant defence.

Citation
[2011] ScotSC 172
Parties
Pursuer: McClure Naismith LLP; Defender: Mr Ruari Stephen
Jurisdiction
Scotland
Judgment Date
31 October 2011
Procedural Posture
Ordinary Action (civil) / Judgment After Debate on Relevancy and Specification
Outcome
Decree granted for the pursuers; defender found liable for sums claimed and expenses.
Legal Topics
Solicitors' Fees, Personal Guarantee, Interpretation of Contract, Specification of Pleadings, Implied Admissions
Contract Law Civil Procedure Solicitors' Fees Personal Guarantee Interpretation of Contract Specification of Pleadings Implied Admissions

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 3 Authorities cited 2 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

McClure Naismith LLP

Pursuer

Mr Ruari Stephen

Defender

Procedural Posture

Ordinary Action (civil) / Judgment After Debate on Relevancy and Specification

Legal Issues

  1. 1 Whether the defender is personally liable for solicitors' fees under a letter of engagement when services were rendered to a company
  2. 2 Whether the defender's pleadings are relevant and sufficiently specified

Ratio Decidendi

The defender is personally liable for the pursuers' fees under the clear and unambiguous terms of the letter of engagement, which he signed in his individual capacity. The defence that services were rendered to a company is irrelevant due to the personal guarantee clause. The defender's pleadings are irrelevant and lacking in specification, providing no fair notice of a relevant defence.

Court Disposition

Decree granted for the pursuers; defender found liable for sums claimed and expenses.

Orders

  • Defender to pay pursuers £17,380.18 with interest at 8% per annum from 1 July 2010 until payment.
  • Defender to pay pursuers £23,000 with interest at 8% per annum from 1 July 2010 until payment.