Barr v. Gilchrist & Ors [2011] ScotCS CSOH_72 (25 March 2011)

Barr v. Gilchrist & Ors [2011] ScotCS CSOH_72 (25 March 2011)

Hawkhill Estates Limited breached fiduciary duty by transferring joint venture property to Fearann Limited for purposes not connected to the joint venture, and has no defence to the pursuer's claim for payment of his one-half share.

Citation
[2011] ScotCS CSOH_72
Parties
Pursuer: Thomas Barr; Defender: James Wilson Gilchrist; Defender: Hawkhill Estates Limited; Defender: Fearann Limited; Defender: Heather Anna Gilchrist
Jurisdiction
Scotland
Judgment Date
25 March 2011
Procedural Posture
Motion for Interim or Summary Decree / Summary Decree Granted
Outcome
summary decree granted
Legal Topics
Breach of Trust, Joint Venture, Fiduciary Duty, Summary Decree
Trusts Partnership Fiduciary Duties Breach of Trust Joint Venture Fiduciary Duty Summary Decree

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Parties

Thomas Barr

Pursuer

James Wilson Gilchrist

Defender

Hawkhill Estates Limited

Defender

Fearann Limited

Defender

Heather Anna Gilchrist

Defender

Procedural Posture

Motion for Interim or Summary Decree / Summary Decree Granted

Legal Issues

  1. 1 Whether Hawkhill Estates Limited breached fiduciary duty by transferring joint venture property to Fearann Limited
  2. 2 Whether the pursuer is entitled to payment for his share of the property

Ratio Decidendi

Hawkhill Estates Limited breached fiduciary duty by transferring joint venture property to Fearann Limited for purposes not connected to the joint venture, and has no defence to the pursuer's claim for payment of his one-half share.

Court Disposition

summary decree granted

Orders

  • Summary decree against Hawkhill Estates Limited for £850,000 with interest from 2 August 2010 at the judicial rate.