MACLAY MURRAY AND SPENS v. ANDREW ORR [2013] ScotSC 96 (23 December 2013)

MACLAY MURRAY AND SPENS v. ANDREW ORR [2013] ScotSC 96 (23 December 2013)

The defender's counterclaim for breach of confidentiality had no real prospect of success because the pleadings and evidence did not support the existence of a material breach; the only supporting evidence (Mrs Orr's affidavit) was uncorroborated and contradicted by other documents and affidavits; summary decree was properly granted under OCR 17.2.

Citation
[2013] ScotSC 96
Parties
Pursuer: Maclay Murray & Spens; Defender: Andrew Orr
Jurisdiction
Scotland
Judgment Date
23 December 2013
Procedural Posture
Civil Appeal / Appeal Against Summary Decree; Interlocutor Dated 10 May 2013
Outcome
Appeal refused; sheriff's interlocutor adhered to; defender found liable in expenses of the appeal.
Legal Topics
Summary Decree, Material Breach of Contract, Confidentiality in Solicitor Client Relationship, Counterclaim Dismissal
Civil Procedure Contract Law Professional Negligence Summary Decree Material Breach of Contract Confidentiality in Solicitor Client Relationship Counterclaim Dismissal

Case Brief

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Parties

Maclay Murray & Spens

Pursuer

Andrew Orr

Defender

Procedural Posture

Civil Appeal / Appeal Against Summary Decree; Interlocutor Dated 10 May 2013

Legal Issues

  1. 1 Whether the sheriff erred in granting summary decree dismissing the defender's counterclaim for breach of confidentiality by the pursuers
  2. 2 Whether the defender's counterclaim disclosed a real prospect of success under the new summary decree test (OCR 17.2)
  3. 3 Whether the alleged breach of confidentiality constituted a material breach of contract justifying rescission

Ratio Decidendi

The defender's counterclaim for breach of confidentiality had no real prospect of success because the pleadings and evidence did not support the existence of a material breach; the only supporting evidence (Mrs Orr's affidavit) was uncorroborated and contradicted by other documents and affidavits; summary decree was properly granted under OCR 17.2.

Court Disposition

Appeal refused; sheriff's interlocutor adhered to; defender found liable in expenses of the appeal.

Orders

  • Refusal of appeal
  • Adherence to sheriff's interlocutor dated 10 May 2013