Gillespie Investments Ltd v Gillespie [2011] ScotCS CSOH_108 (22 June 2011)

Gillespie Investments Ltd v Gillespie [2011] ScotCS CSOH_108 (22 June 2011)

The defender was in breach of fiduciary duty for authorising certain payments. The pursuer's claim must be reduced by the amount paid to a shareholder as compensation for excluded entitlements, resulting in a net award of £44,416.76 plus interest.

Citation
[2011] ScotCS CSOH_108
Parties
Pursuer: Gillespie Investments Limited; Defender: John McLean Thomson Gillespie
Jurisdiction
Scotland
Judgment Date
22 June 2011
Procedural Posture
Civil / Judgment After Proof
Outcome
judgment for pursuer
Legal Topics
Breach of Fiduciary Duty, Director's Duties, Subrogation, Damages, Shareholder Consent
Company Law Fiduciary Duties Breach of Fiduciary Duty Director's Duties Subrogation Damages Shareholder Consent

Case Brief

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Parties

Gillespie Investments Limited

Pursuer

John McLean Thomson Gillespie

Defender

Procedural Posture

Civil / Judgment After Proof

Legal Issues

  1. 1 Whether the defender breached fiduciary duty as a director
  2. 2 Whether the pursuer is entitled to damages for payments authorised by the defender
  3. 3 How to quantify the claim considering payments made to a shareholder

Ratio Decidendi

The defender was in breach of fiduciary duty for authorising certain payments. The pursuer's claim must be reduced by the amount paid to a shareholder as compensation for excluded entitlements, resulting in a net award of £44,416.76 plus interest.

Court Disposition

judgment for pursuer

Orders

  • Defender to pay pursuer £44,416.76 with interest at the judicial rate from 12 May 2006.
  • All questions of expenses reserved.