JOANNE MURRAY AGAINST AMANDA DONALDSON [2019] ScotSC 28 (04 April 2019)

The court found, on the balance of probabilities, that the defender misappropriated funds and property belonging to the pursuer during her employment, and was therefore liable to make restitution.

Citation: [2019] ScotSC 28
Parties: Pursuer: Joanne Murray; Defender: Amanda Donaldson
Jurisdiction: Scotland
Judgment Date: 04 April 2019
Procedural Posture: Civil / Judgment
Outcome: judgment for the pursuer
Legal Topics: Breach of Trust, Conversion, Misappropriation of Funds

Civil Law Delict Breach of Trust Conversion Misappropriation of Funds

Case Brief

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Parties

Joanne Murray

Pursuer

Amanda Donaldson

Defender

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether the defender misappropriated funds and property belonging to the pursuer during her employment.

Ratio Decidendi

The court found, on the balance of probabilities, that the defender misappropriated funds and property belonging to the pursuer during her employment, and was therefore liable to make restitution.

Court Disposition

judgment for the pursuer

Orders

The defender is ordered to pay the pursuer the sum found due for misappropriated funds and property.