Frame v Fraioli & Anor [1998] ScotCS 23 (9 October 1998)

Frame v Fraioli & Anor [1998] ScotCS 23 (9 October 1998)

The second defender's claim for relief is not excluded by compromise, and he has relevantly averred a claim for relief by relying on the Terminating Award, which constitutes a prima facie case of joint and several liability for the arbiter's fees. The burden shifts to the first defender to aver a basis for disputing the obligation to pay the fees fixed by the award.

Citation
[1998] ScotCS 23
Parties
Pursuer: William Frame; First Defender: John Fraioli; Second Defender: Brian Thompson
Jurisdiction
Scotland
Judgment Date
09 October 1998
Procedural Posture
Civil / Post Arbitration Relief Claim, by Order Hearing
Outcome
No final interlocutor; case put out By Order for further procedure.
Legal Topics
Joint and Several Liability, Right of Relief, Arbitrator's Fees, Compromise and Settlement, Onus of Proof
Contract Law Arbitration Partnership Law Joint and Several Liability Right of Relief Arbitrator's Fees Compromise and Settlement Onus of Proof

Case Brief

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Parties

William Frame

Pursuer

John Fraioli

First Defender

Brian Thompson

Second Defender

Procedural Posture

Civil / Post Arbitration Relief Claim, by Order Hearing

Legal Issues

  1. 1 Whether the second defender's claim for relief against the first defender was compromised by prior settlement
  2. 2 Whether the second defender has relevantly averred a claim for relief based on joint and several liability for the arbiter's fees

Ratio Decidendi

The second defender's claim for relief is not excluded by compromise, and he has relevantly averred a claim for relief by relying on the Terminating Award, which constitutes a prima facie case of joint and several liability for the arbiter's fees. The burden shifts to the first defender to aver a basis for disputing the obligation to pay the fees fixed by the award.

Court Disposition

No final interlocutor; case put out By Order for further procedure.

Orders

  • Case to be put out By Order to resolve factual issue regarding debit of £10,909.87 to first defender's capital account and to allow first defender to consider whether to maintain his contention regarding the arbiter's entitlement to remuneration.