OUR GENERATION LIMITED AGAINST ABERDEEN CITY COUNCIL [2019] ScotCS CSOH_16 (19 February 2019)

OUR GENERATION LIMITED AGAINST ABERDEEN CITY COUNCIL [2019] ScotCS CSOH_16 (19 February 2019)

Leave to reclaim is unnecessary where the dismissal of the principal action disposes of the whole merits of that action and the counterclaim raises a separate question, with no interdependency between the two.

Citation
[2019] ScotCS CSOH_16
Parties
Pursuer: Our Generation Limited; Defender: Aberdeen City Council
Jurisdiction
Scotland
Judgment Date
19 February 2019
Procedural Posture
Commercial Action / Motion for Leave to Reclaim Dismissal of Action
Outcome
Motion for leave to reclaim refused as unnecessary.
Legal Topics
Leave to Reclaim, Counterclaim, Finality of Judgment, Court of Session Rules
Civil Procedure Commercial Law Leave to Reclaim Counterclaim Finality of Judgment Court of Session Rules

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Parties

Our Generation Limited

Pursuer

Aberdeen City Council

Defender

Procedural Posture

Commercial Action / Motion for Leave to Reclaim Dismissal of Action

Legal Issues

  1. 1 Whether leave to reclaim is required when a counterclaim subsists after dismissal of the principal action
  2. 2 Whether the dismissal of the principal action disposes of the whole merits of the cause under rule 38.2(1) of the Rules of the Court of Session 1994

Ratio Decidendi

Leave to reclaim is unnecessary where the dismissal of the principal action disposes of the whole merits of that action and the counterclaim raises a separate question, with no interdependency between the two.

Court Disposition

Motion for leave to reclaim refused as unnecessary.

Orders

  • Leave to reclaim refused as unnecessary.