Club Los Slaveles and others against Hutchinson Trustees LTD (Sheriff Appeal Court Civil) [2026] SACCIV 24 (17 April 2026)

Club Los Slaveles and others against Hutchinson Trustees LTD (Sheriff Appeal Court Civil) [2026] SACCIV 24 (17 April 2026)

The sheriff's conclusion that no binding contract was formed at the meeting of 11 October 2023 was rational, evidence-based, and not one that no reasonable sheriff could have reached. The sheriff correctly applied the objective test for contract formation, gave appropriate weight to all evidence, and there was no error in his assessment or reasoning.

Citation
[2026] SACCIV 24
Parties
Pursuer and Appellant: Club Los Claveles; Pursuer and Appellant: Albert Fletcher; Pursuer and Appellant: Carol Ann Parkinson; Pursuer and Appellant: Norma Ann Burston; Pursuer and Appellant: Terrence William Smith; Pursuer and Appellant: Walter McKinnon Farquhar; Defender and Respondent: Hutchinson Trustees Limited
Jurisdiction
Scotland
Judgment Date
17 April 2026
Procedural Posture
Civil Appeal / Appeal From Sheriff's Judgment After Proof
Outcome
appeal refused
Legal Topics
Contract Formation, Specific Implement, Oral Agreements, Trustee Resignation
Contract Law Trust Law Contract Formation Specific Implement Oral Agreements Trustee Resignation

Case Brief

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Parties

Club Los Claveles

Pursuer and Appellant

Albert Fletcher

Pursuer and Appellant

Carol Ann Parkinson

Pursuer and Appellant

Norma Ann Burston

Pursuer and Appellant

Terrence William Smith

Pursuer and Appellant

Walter McKinnon Farquhar

Pursuer and Appellant

Hutchinson Trustees Limited

Defender and Respondent

Procedural Posture

Civil Appeal / Appeal From Sheriff's Judgment After Proof

Legal Issues

  1. 1 Whether a binding contract was formed at the meeting of 11 October 2023 for the respondent to resign as trustee
  2. 2 Whether the sheriff misapplied the objective test for contract formation
  3. 3 Whether the sheriff failed to give proper weight to certain evidence, including post-meeting conduct

Ratio Decidendi

The sheriff's conclusion that no binding contract was formed at the meeting of 11 October 2023 was rational, evidence-based, and not one that no reasonable sheriff could have reached. The sheriff correctly applied the objective test for contract formation, gave appropriate weight to all evidence, and there was no error in his assessment or reasoning.

Court Disposition

appeal refused

Orders

  • Appeal refused. Parties to attempt to agree expenses, failing which a hearing will be fixed by written submissions within 21 days.