STIELL FACILITIES LIMITED v. SIR ROBERT McALPINE LIMITED [2001] ScotHC 82 (8th August, 2001)

STIELL FACILITIES LIMITED v. SIR ROBERT McALPINE LIMITED [2001] ScotHC 82 (8th August, 2001)

Pursuers do not have a colourable or stateable case as their title to sue is contingent on rectification proceedings in Glasgow Sheriff Court; arrestments on the dependence must be recalled.

Citation
[2001] ScotHC 82
Parties
Pursuer: Stiell Facilities Limited; Defender: Sir Robert McAlpine Limited
Jurisdiction
Scotland
Procedural Posture
Motion for Recall of Arrestments on the Dependence / Pre Call, Vacation Court Hearing
Outcome
motion granted
Legal Topics
Arrestment on the Dependence, Title to Sue, Oppression and Nimiety, Rectification of Contract
Civil Procedure Contract Law Arrestment on the Dependence Title to Sue Oppression and Nimiety Rectification of Contract

Case Brief

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Parties

Stiell Facilities Limited

Pursuer

Sir Robert McAlpine Limited

Defender

Procedural Posture

Motion for Recall of Arrestments on the Dependence / Pre Call, Vacation Court Hearing

Legal Issues

  1. 1 Whether arrestments on the dependence are nimious and oppressive
  2. 2 Whether pursuers have a colourable or stateable case for payment under the contract

Ratio Decidendi

Pursuers do not have a colourable or stateable case as their title to sue is contingent on rectification proceedings in Glasgow Sheriff Court; arrestments on the dependence must be recalled.

Court Disposition

motion granted

Orders

  • recall of arrestments on the dependence