TAKEOVERS AND MERGERS, PETITION OF THE PANEL OF TAKEOVERS AND MERGERS AGAINST DAVID KING [2018] ScotCS CSOH_105 (14 November 2018)

TAKEOVERS AND MERGERS, PETITION OF THE PANEL OF TAKEOVERS AND MERGERS AGAINST DAVID KING [2018] ScotCS CSOH_105 (14 November 2018)

The requirement for the Lord Advocate's concurrence applies only to contempt proceedings for breach of interdict. There is no such requirement for contempt arising from breach of a positive order. The Panel's application by minute in the original proceedings is competent.

Citation
[2018] ScotCS CSOH_105
Parties
Petitioner and Minuter: The Panel on Takeovers and Mergers; Respondent: David King
Jurisdiction
Scotland
Judgment Date
14 November 2018
Procedural Posture
Petition for Contempt of Court / Interlocutory Decision on Competency of Proceedings
Outcome
Respondent's competency challenge refused; proceedings to continue.
Legal Topics
Takeovers and Mergers, Mandatory Offer Requirements, Contempt for Breach of Court Order, Requirement for Lord Advocate's Concurrence, Distinction Between Interdict and Positive Orders
Company Law Civil Procedure Contempt of Court Takeovers and Mergers Mandatory Offer Requirements Contempt for Breach of Court Order Requirement for Lord Advocate's Concurrence Distinction Between Interdict and Positive Orders

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Parties

The Panel on Takeovers and Mergers

Petitioner and Minuter

David King

Respondent

Procedural Posture

Petition for Contempt of Court / Interlocutory Decision on Competency of Proceedings

Legal Issues

  1. 1 Is the concurrence of the Lord Advocate required for contempt proceedings arising from breach of a positive court order (not interdict)?
  2. 2 Is the Panel's application by minute in the original proceedings competent, or must it proceed by petition and complaint to the Inner House?

Ratio Decidendi

The requirement for the Lord Advocate's concurrence applies only to contempt proceedings for breach of interdict. There is no such requirement for contempt arising from breach of a positive order. The Panel's application by minute in the original proceedings is competent.

Court Disposition

Respondent's competency challenge refused; proceedings to continue.

Orders

  • The plea to competency is repelled.
  • The Panel's application by minute is competent and may proceed.