INLAND BUILDERS (SCOTLAND) LIMITED (in liq) v. MRS. ANN McCONNACHIE [2009] ScotSC 134 (07 August 2009)

INLAND BUILDERS (SCOTLAND) LIMITED (in liq) v. MRS. ANN McCONNACHIE [2009] ScotSC 134 (07 August 2009)

The defender's case based on delegation is irrelevant and excluded from probation because it lacks averments of the creditor company's consent to the delegation, and the pleadings are insufficiently specified and unfocused, particularly due to the absence of a specific plea-in-law addressing delegation. The remaining aspects of the defender's case are allowed to proceed to proof before answer.

Citation
[2009] ScotSC 134
Parties
Pursuer: Inland Builders (Scotland) Limited (In Liquidation); Defender: Mrs Ann McConnachie
Jurisdiction
Scotland
Judgment Date
07 August 2009
Procedural Posture
Civil / Debate on Relevancy and Specification; Interlocutory Decision
Outcome
Defender's case for non-payment based on delegation excluded from probation as irrelevant; proof before answer allowed on remaining averments; hearing on expenses fixed.
Legal Topics
Director's Loan, Delegation of Debt, Liquidation, Company Director Liability, Pleading Requirements
Company Law Insolvency Law Contract Law Director's Loan Delegation of Debt Liquidation Company Director Liability Pleading Requirements

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Parties

Inland Builders (Scotland) Limited (In Liquidation)

Pursuer

Mrs Ann McConnachie

Defender

Procedural Posture

Civil / Debate on Relevancy and Specification; Interlocutory Decision

Legal Issues

  1. 1 Whether the defender's liability for a director's loan was extinguished by delegation to her husband
  2. 2 Whether the defender's pleadings regarding delegation are sufficiently relevant and specified to go to proof
  3. 3 Whether the absence of a specific plea-in-law regarding delegation is fatal to the defender's case

Ratio Decidendi

The defender's case based on delegation is irrelevant and excluded from probation because it lacks averments of the creditor company's consent to the delegation, and the pleadings are insufficiently specified and unfocused, particularly due to the absence of a specific plea-in-law addressing delegation. The remaining aspects of the defender's case are allowed to proceed to proof before answer.

Court Disposition

Defender's case for non-payment based on delegation excluded from probation as irrelevant; proof before answer allowed on remaining averments; hearing on expenses fixed.

Orders

  • Excludes from probation as irrelevant the defender's case for non-payment based on delegation of her liability to her husband as averred in answer 3 of the Closed Record, No 19 of Process.
  • Quoad ultra allows parties a Proof Before Answer of their respective averments to be hereinafter assigned.