Gillespie v Gillespie & Ors [2011] ScotCS CSOH_191 (18 November 2011)

Gillespie v Gillespie & Ors [2011] ScotCS CSOH_191 (18 November 2011)

The evidence, particularly contemporaneous documents and conduct, established that Graham Gillespie held his interest in the Torrance Park development and New Brannock Limited for the benefit of all four brothers, constituting a partnership with equal sharing of profits. The defence of waiver was rejected as unsupported.

Citation
[2011] ScotCS CSOH_191
Parties
Pursuer: James Stevenson Gillespie; Defender: Thomas Graham Gillespie; Defender: Alan Wilkinson Stanfield Gillespie; Defender: The Partnership of Thomas Graham Gillespie, Alan Wilkinson Stanfield Gillespie, James Stevenson Gillespie and Gary Stanfield Gillespie; Defender: Airdrie North Limited
Jurisdiction
Scotland
Judgment Date
18 November 2011
Procedural Posture
Civil Action / Judgment After Proof
Outcome
Declarator granted of existence of partnership and equal sharing of profits; defence pleas repelled; pursuer's pleas sustained; case put out by order for further submissions on declarators and expenses.
Legal Topics
Existence of Partnership, Joint Venture, Accounting for Profits, Declarator, Waiver
Commercial Law Partnership Law Existence of Partnership Joint Venture Accounting for Profits Declarator Waiver

Case Brief

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Parties

James Stevenson Gillespie

Pursuer

Thomas Graham Gillespie

Defender

Alan Wilkinson Stanfield Gillespie

Defender

The Partnership of Thomas Graham Gillespie, Alan Wilkinson Stanfield Gillespie, James Stevenson Gillespie and Gary Stanfield Gillespie

Defender

Airdrie North Limited

Defender

Procedural Posture

Civil Action / Judgment After Proof

Legal Issues

  1. 1 Whether a partnership existed between the Gillespie brothers in relation to the Torrance Park development
  2. 2 Whether profits from the development should be shared equally among the brothers
  3. 3 Whether the pursuer waived his rights by resigning from the partnership

Ratio Decidendi

The evidence, particularly contemporaneous documents and conduct, established that Graham Gillespie held his interest in the Torrance Park development and New Brannock Limited for the benefit of all four brothers, constituting a partnership with equal sharing of profits. The defence of waiver was rejected as unsupported.

Court Disposition

Declarator granted of existence of partnership and equal sharing of profits; defence pleas repelled; pursuer's pleas sustained; case put out by order for further submissions on declarators and expenses.

Orders

  • Repel defenders' third, fourth, fifth and seventh pleas in law
  • Sustain pursuer's second, third and fourth pleas in law