COULTERS PROPERTY Ltd AGAINST MARK COULTER [2022] SC EDIN 10 (18 March 2022)

The court held that the defender breached his fiduciary duties as a director by diverting business opportunities for personal gain, resulting in loss to the pursuer company.

Citation: [2022] SC EDIN 10
Parties: Pursuer: COULTERS PROPERTY Ltd; Defender: MARK COULTER
Jurisdiction: Scotland
Judgment Date: 18 March 2022
Procedural Posture: Civil / Judgment
Outcome: judgment for pursuer
Legal Topics: Director's Duties, Fiduciary Duty, Breach of Contract

Contract Law Company Law Director's Duties Fiduciary Duty Breach of Contract

Case Brief

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Parties

COULTERS PROPERTY Ltd

Pursuer

MARK COULTER

Defender

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether the defender breached fiduciary duties as a director
2 Whether the defender is liable for losses to the pursuer company

Ratio Decidendi

The court held that the defender breached his fiduciary duties as a director by diverting business opportunities for personal gain, resulting in loss to the pursuer company.

Court Disposition

judgment for pursuer

Orders

Defender to pay damages to pursuer
Defender to account for profits made in breach of duty