Gillespie v. Toondale Ltd [2005] ScotCS CSOH_133 (09 September 2005)

Gillespie v. Toondale Ltd [2005] ScotCS CSOH_133 (09 September 2005)

The pursuer failed to produce tangible evidence of any agreement entitling him to succeed, and mere verbal assertions are insufficient to justify inhibition. The basis for inhibition was found to be oppressive and disproportionate.

Citation
[2005] ScotCS CSOH_133
Parties
Pursuer: Thomas Graham Gillespie; Defender: Toondale Limited
Jurisdiction
Scotland
Judgment Date
09 September 2005
Procedural Posture
Civil / Motion to Recall Inhibition
Outcome
motion to recall inhibition granted
Legal Topics
Inhibition, Interim Remedies, Security for Claims
Civil Procedure Inhibition Interim Remedies Security for Claims

Case Brief

Summary, issues, holding and outcome

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Parties

Thomas Graham Gillespie

Pursuer

Toondale Limited

Defender

Procedural Posture

Civil / Motion to Recall Inhibition

Legal Issues

  1. 1 Whether the pursuer has established a prima facie case to justify the imposition of inhibition on the defender's property

Ratio Decidendi

The pursuer failed to produce tangible evidence of any agreement entitling him to succeed, and mere verbal assertions are insufficient to justify inhibition. The basis for inhibition was found to be oppressive and disproportionate.

Court Disposition

motion to recall inhibition granted

Orders

  • inhibition recalled