BV10 LTD AGAINST ALLANVALE LAND (LINLITHGOW) LTD [2022] ScotCS CSOH_59 (25 August 2022)

For the reasons set out in the Investments Action, the pursuer's pleas-in-law are upheld and the defenders' pleas-in-law are repelled, warranting decree de plano.

Citation: [2022] ScotCS CSOH_59
Parties: Pursuer: BV10 LIMITED; First Defender: ALLANVALE LAND (LINLITHGOW) LIMITED; Second Defender: JAMES VINCENT KIRKWOOD
Jurisdiction: Scotland
Judgment Date: 25 August 2022
Procedural Posture: Civil / Debate; Judgment
Outcome: pursuer's pleas-in-law upheld; defenders' pleas-in-law repelled; decree de plano granted
Legal Topics: Pleas in Law, Decree De Plano

Commercial Law Pleas in Law Decree De Plano

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Parties

BV10 LIMITED

Pursuer

ALLANVALE LAND (LINLITHGOW) LIMITED

First Defender

JAMES VINCENT KIRKWOOD

Second Defender

Procedural Posture

Civil / Debate; Judgment

Legal Issues

1 Whether the pursuer's pleas-in-law should be upheld and the defenders' pleas-in-law repelled

Ratio Decidendi

For the reasons set out in the Investments Action, the pursuer's pleas-in-law are upheld and the defenders' pleas-in-law are repelled, warranting decree de plano.

Court Disposition

pursuer's pleas-in-law upheld; defenders' pleas-in-law repelled; decree de plano granted

Orders

Decree de plano granted in favour of the pursuer