Pentland-Clark v. MacFie [2004] ScotCS 165 (02 July 2004)

Pentland-Clark v. MacFie [2004] ScotCS 165 (02 July 2004)

The pursuer had no title to raise the action at the time due to assignation of her rights; the action was premature and unnecessary, warranting award of expenses against the pursuer.

Citation
[2004] ScotCS 165
Parties
Pursuer: Joan Pentland-Clark; First Defender: John H. MacFie W. S.; Second Defender: Gordon Innes W. S.
Jurisdiction
Scotland
Judgment Date
02 July 2004
Procedural Posture
Civil / Motion Roll; Determination of Expenses Following Resolution of Substantive Issues
Outcome
Defenders assoilzied from conclusions; expenses awarded against pursuer.
Legal Topics
Assignation of Rights, Judicial Factor, Expenses, Premature Action
Civil Procedure Trusts and Estates Assignation of Rights Judicial Factor Expenses Premature Action

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 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Joan Pentland-Clark

Pursuer

John H. MacFie W. S.

First Defender

Gordon Innes W. S.

Second Defender

Procedural Posture

Civil / Motion Roll; Determination of Expenses Following Resolution of Substantive Issues

Legal Issues

  1. 1 Whether pursuer had title to sue at the time of raising the action due to assignation of rights
  2. 2 Whether action against second defender was properly convened
  3. 3 Entitlement to expenses

Ratio Decidendi

The pursuer had no title to raise the action at the time due to assignation of her rights; the action was premature and unnecessary, warranting award of expenses against the pursuer.

Court Disposition

Defenders assoilzied from conclusions; expenses awarded against pursuer.

Orders

  • Procedure Roll Diet discharged
  • Defenders assoilzied from conclusions of the Summons