JOHN DAVID McIRVINE v. JOHN ALEXANDER McIRVINE [2012] ScotSC 91 (12 September 2012)

JOHN DAVID McIRVINE v. JOHN ALEXANDER McIRVINE [2012] ScotSC 91 (12 September 2012)

The defender's failure to account for business proceeds justified a broad assessment of the pursuer's loss, resulting in an award of £300,000 plus interest from the date of citation.

Citation
[2012] ScotSC 91
Parties
Plaintiff: Pursuer; Defendant: Defender
Jurisdiction
Scotland
Judgment Date
12 September 2012
Procedural Posture
Civil / Judgment
Outcome
judgment for the pursuer
Legal Topics
Accounting, Damages, Expenses, Interest
Civil Litigation Accounting Damages Expenses Interest

Case Brief

Summary, issues, holding and outcome

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Parties

Pursuer

Plaintiff

Defender

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Assessment of damages due to defender's failure to account
  2. 2 Entitlement to expenses

Ratio Decidendi

The defender's failure to account for business proceeds justified a broad assessment of the pursuer's loss, resulting in an award of £300,000 plus interest from the date of citation.

Court Disposition

judgment for the pursuer

Orders

  • Decree for £300,000 in favour of the pursuer
  • Interest to run from the date of citation