MACROBERTS LLP AGAINST McCRINDLE GROUP Ltd [2014] ScotCS CSOH_99 (10 June 2014)

MACROBERTS LLP AGAINST McCRINDLE GROUP Ltd [2014] ScotCS CSOH_99 (10 June 2014)

Pursuers did not materially breach contract; destruction of notes not proven, and acting outwith authority was limited and not material. No conflict of interest disabling pursuers from claiming fees. Defender not entitled to resist payment or counterclaim for damages.

Citation
[2014] ScotCS CSOH_99
Parties
Pursuer: MacRoberts LLP; Defender: McCrindle Group Limited
Jurisdiction
Scotland
Judgment Date
10 June 2014
Procedural Posture
Commercial Action / Preliminary Proof on Liability, Quantification Reserved
Outcome
Pursuers succeed on liability; defender's counterclaim rejected; quantification of claim reserved.
Legal Topics
Material Breach, Mutuality of Contract, Solicitor Client Relationship, Conflict of Interest
Contract Law Professional Negligence Material Breach Mutuality of Contract Solicitor Client Relationship Conflict of Interest

Case Brief

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Parties

MacRoberts LLP

Pursuer

McCrindle Group Limited

Defender

Procedural Posture

Commercial Action / Preliminary Proof on Liability, Quantification Reserved

Legal Issues

  1. 1 Whether pursuers were in material breach of contract by destruction of notes and acting outwith authority
  2. 2 Whether pursuers' actions created a conflict of interest disabling them from claiming fees
  3. 3 Whether defender entitled to resist payment and counterclaim for damages

Ratio Decidendi

Pursuers did not materially breach contract; destruction of notes not proven, and acting outwith authority was limited and not material. No conflict of interest disabling pursuers from claiming fees. Defender not entitled to resist payment or counterclaim for damages.

Court Disposition

Pursuers succeed on liability; defender's counterclaim rejected; quantification of claim reserved.

Orders

  • Pursuers' first plea-in-law sustained
  • Defender's third plea-in-law repelled