Anglo-Dutch Petroleum International Inc & Anor v. Ramco Energy Plc& Anor [2005] ScotCS CSOH_176 (06 December 2005)

Anglo-Dutch Petroleum International Inc & Anor v. Ramco Energy Plc& Anor [2005] ScotCS CSOH_176 (06 December 2005)

The court held that the omission of the words authorising arrestment in the warrant was a critical and fatal defect; authority for diligence must be strictly in accordance with the Rules of Court and properly recorded. The purported arrestments were without warrant and must be recalled.

Citation
[2005] ScotCS CSOH_176
Parties
Pursuer: Anglo-Dutch Petroleum International Inc; Pursuer: Anglo-Dutch (Tenge) LLC; Defender: Ramco Energy Plc; Defender: Ramco Oil Ltd
Jurisdiction
Scotland
Judgment Date
06 December 2005
Procedural Posture
Commercial Cause / Motion to Recall Arrestments
Outcome
arrestments recalled
Legal Topics
Diligence on the Dependence, Arrestment, Inhibition, Clerical Error, Court Authority, Amendment of Summons
Civil Procedure Diligence on the Dependence Arrestment Inhibition Clerical Error Court Authority Amendment of Summons

Case Brief

Summary, issues, holding and outcome

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Parties

Anglo-Dutch Petroleum International Inc

Pursuer

Anglo-Dutch (Tenge) LLC

Pursuer

Ramco Energy Plc

Defender

Ramco Oil Ltd

Defender

Procedural Posture

Commercial Cause / Motion to Recall Arrestments

Legal Issues

  1. 1 Whether arrestments executed on the basis of a summons lacking proper warrant for arrestment are competent and valid
  2. 2 Whether post-signetting amendment or judicial intention can cure a clerical error in the warrant for diligence

Ratio Decidendi

The court held that the omission of the words authorising arrestment in the warrant was a critical and fatal defect; authority for diligence must be strictly in accordance with the Rules of Court and properly recorded. The purported arrestments were without warrant and must be recalled.

Court Disposition

arrestments recalled

Orders

  • Purported arrestments executed on the basis of the defective summons are recalled.
  • Leave to appeal granted.