Gillespie v Gillespie & Ors [2011] ScotCS CSOH_189 (18 November 2011)

Gillespie v Gillespie & Ors [2011] ScotCS CSOH_189 (18 November 2011)

On balance of probabilities, the brothers intended to share in the profits from Ballochney East, and Graham Gillespie held the title for the benefit of all; a partnership existed as defined by the 1890 Act.

Citation
[2011] ScotCS CSOH_189
Parties
Pursuer: James Stevenson Gillespie; Defender: Thomas Graham Gillespie; Defender: Allan Wilkinson Stanfield Gillespie; Defender: The Partnership of Thomas Graham Gillespie, Alan Wilkinson Stanfield Gillespie, James Stevenson Gillespie and Gary Stanfield Gillespie
Jurisdiction
Scotland
Judgment Date
18 November 2011
Procedural Posture
Civil Action / Judgment After Proof
Outcome
Declarator granted; partnership found to exist; case put out by order for parties to address wording of declarators and expenses.
Legal Topics
Existence of Partnership, Beneficial Ownership, Division of Profits, Waiver of Partnership Rights
Partnership Law Property Law Existence of Partnership Beneficial Ownership Division of Profits Waiver of Partnership Rights

Case Brief

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Parties

James Stevenson Gillespie

Pursuer

Thomas Graham Gillespie

Defender

Allan Wilkinson Stanfield Gillespie

Defender

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

Defender

Procedural Posture

Civil Action / Judgment After Proof

Legal Issues

  1. 1 Whether a partnership existed among the Gillespie brothers regarding Ballochney East
  2. 2 Whether Thomas Graham Gillespie held Ballochney East for the benefit of all brothers
  3. 3 Whether the pursuer waived his partnership rights

Ratio Decidendi

On balance of probabilities, the brothers intended to share in the profits from Ballochney East, and Graham Gillespie held the title for the benefit of all; a partnership existed as defined by the 1890 Act.

Court Disposition

Declarator granted; partnership found to exist; case put out by order for parties to address wording of declarators and expenses.

Orders

  • Repel first defender's third, fourth, fifth and seventh pleas in law.
  • Repel second defender's third, fourth and seventh pleas in law.