AWPR CONSTRUCTION JOINT VENTURE AND OTHERS AGAINST EVERPRIME LTD (IN LIQUIDATION) T/A SKY BLUE AND OTHERS [2020] ScotCS CSOH_78 (12 August 2020)

AWPR CONSTRUCTION JOINT VENTURE AND OTHERS AGAINST EVERPRIME LTD (IN LIQUIDATION) T/A SKY BLUE AND OTHERS [2020] ScotCS CSOH_78 (12 August 2020)

The pleadings disclose factual disputes regarding the existence and terms of contracts between the parties. The first defender's preliminary plea is not well founded as the sixth, seventh, and fifteenth defenders' cases are not irrelevant and may succeed after evidential enquiry. Proof before answer is required to resolve contractual relationships and entitlement to the fund in medio.

Citation
[2020] ScotCS CSOH_78
Parties
Pursuer: AWPR Construction Joint Venture; Defender: Everprime Limited (in liquidation) t/a Skyblue; Defender: Sixth Defender; Defender: Seventh Defender; Defender: Fifteenth Defender
Jurisdiction
Scotland
Judgment Date
12 August 2020
Procedural Posture
Multiplepoinding / Preliminary Pleas, Proof Before Answer Ordered
Outcome
First defender's preliminary plea repelled; proof before answer allowed.
Legal Topics
Multiplepoinding, Ranking of Creditors, Novation, Delegation, Contractual Relationships
Commercial Law Contract Law Insolvency Multiplepoinding Ranking of Creditors Novation Delegation Contractual Relationships

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Parties

AWPR Construction Joint Venture

Pursuer

Everprime Limited (in liquidation) t/a Skyblue

Defender

Sixth Defender

Defender

Seventh Defender

Defender

Fifteenth Defender

Defender

Procedural Posture

Multiplepoinding / Preliminary Pleas, Proof Before Answer Ordered

Legal Issues

  1. 1 Whether sixth, seventh, and fifteenth defenders have valid claims to the fund in medio against the first pursuer or only against the first defender
  2. 2 Whether contractual relationships were novated or delegated
  3. 3 Whether issuing invoices to the first defender constituted new contracts

Ratio Decidendi

The pleadings disclose factual disputes regarding the existence and terms of contracts between the parties. The first defender's preliminary plea is not well founded as the sixth, seventh, and fifteenth defenders' cases are not irrelevant and may succeed after evidential enquiry. Proof before answer is required to resolve contractual relationships and entitlement to the fund in medio.

Court Disposition

First defender's preliminary plea repelled; proof before answer allowed.

Orders

  • Proof before answer ordered.
  • All questions of expenses reserved.