Nigel Lowe & Associates & Ors v John Mowlem Construction Plc [1998] ScotCS 30 (15 October 1998)

Nigel Lowe & Associates & Ors v John Mowlem Construction Plc [1998] ScotCS 30 (15 October 1998)

The defenders' plea of no title to sue cannot be sustained or repelled without inquiry because the pursuers have made relevant averments that they, as a partnership, were the contracting party; however, averments about prior dealings lack sufficient specification and are excluded from probation as they stand.

Citation
[1998] ScotCS 30
Parties
Pursuers: Nigel Lowe & Associates and Others; Defenders: John Mowlem Construction plc
Jurisdiction
Scotland
Judgment Date
15 October 1998
Procedural Posture
Civil / Procedure Roll Debate on Preliminary Pleas (title to Sue)
Outcome
Preliminary proof allowed on title to sue; certain averments excluded from probation; defenders' first plea repelled.
Legal Topics
Title to Sue, Partnerships, Business Names Act 1985, Specification of Pleadings
Contract Law Civil Procedure Title to Sue Partnerships Business Names Act 1985 Specification of Pleadings

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
Sign in to unlock

Parties

Nigel Lowe & Associates and Others

Pursuers

John Mowlem Construction plc

Defenders

Procedural Posture

Civil / Procedure Roll Debate on Preliminary Pleas (title to Sue)

Legal Issues

  1. 1 Whether the pursuers have title to sue as the contracting party under the consultancy contract
  2. 2 Whether the pleadings are sufficiently specific regarding prior dealings and partnership status

Ratio Decidendi

The defenders' plea of no title to sue cannot be sustained or repelled without inquiry because the pursuers have made relevant averments that they, as a partnership, were the contracting party; however, averments about prior dealings lack sufficient specification and are excluded from probation as they stand.

Court Disposition

Preliminary proof allowed on title to sue; certain averments excluded from probation; defenders' first plea repelled.

Orders

  • Repel defenders' first plea of consent.
  • Sustain defenders' fourth plea to the extent of excluding from probation the pursuers' averments in article 1 at page 5 B-C of the Closed Record as further amended.