Fernandez v. Odiachi [2011] ScotSC 25 (23 March 2011)

Fernandez v. Odiachi [2011] ScotSC 25 (23 March 2011)

The pursuer's version of events was found inherently more probable than the defender's, and the defender failed to prove payment on the balance of probabilities. The contract for currency exchange was established, and payment remains outstanding.

Citation
[2011] ScotSC 25
Parties
Pursuer: Miss Maria Mercedes Diaz Fernandez; Defender: Paul Odiachi
Jurisdiction
Scotland
Judgment Date
23 March 2011
Procedural Posture
Civil Payment Action / Judgment After Proof
Outcome
judgment for pursuer
Legal Topics
Breach of Contract, Currency Exchange, Payment of Money
Contract Law Breach of Contract Currency Exchange Payment of Money

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Parties

Miss Maria Mercedes Diaz Fernandez

Pursuer

Paul Odiachi

Defender

Procedural Posture

Civil Payment Action / Judgment After Proof

Legal Issues

  1. 1 Whether the defender paid the agreed sum to the pursuer for currency exchange
  2. 2 Credibility and reliability of parties' evidence

Ratio Decidendi

The pursuer's version of events was found inherently more probable than the defender's, and the defender failed to prove payment on the balance of probabilities. The contract for currency exchange was established, and payment remains outstanding.

Court Disposition

judgment for pursuer

Orders

  • Decree against defender for payment of $23,255.81 with interest at 8% per annum from 5 April 2010 until paid or Sterling equivalent at date of payment or extract, whichever is earlier.
  • Defender liable in expenses as taxed.