AEA Recruitment Consultants (Edinburgh) Ltd v. McNaughton & Ors [2006] ScotCS CSOH_83 (26 May 2006)

AEA Recruitment Consultants (Edinburgh) Ltd v. McNaughton & Ors [2006] ScotCS CSOH_83 (26 May 2006)

The pursuers' pleadings, though lacking enthusiasm, are sufficiently specific and relevant to entitle them to enquiry at a proof before answer; no fundamental objection to quantification method used; specification is adequate for fair notice.

Citation
[2006] ScotCS CSOH_83
Parties
Pursuer: AEA Recruitment Consultants (Edinburgh) Limited; Defender: Alexander McNaughton and Others
Jurisdiction
Scotland
Judgment Date
26 May 2006
Procedural Posture
Civil / Procedure Roll Discussion; Interlocutory
Outcome
Proof before answer allowed
Legal Topics
Quantification of Loss, Breach of Contract, Fair Notice, Specification of Pleadings
Contract Law Damages Quantification of Loss Breach of Contract Fair Notice Specification of Pleadings

Case Brief

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Parties

AEA Recruitment Consultants (Edinburgh) Limited

Pursuer

Alexander McNaughton and Others

Defender

Procedural Posture

Civil / Procedure Roll Discussion; Interlocutory

Legal Issues

  1. 1 Whether the pursuers' pleadings regarding damages are sufficiently specified to allow proof before answer
  2. 2 Whether quantification of loss requires identification of individual clients, candidates, and staff lost due to defenders' actions
  3. 3 Whether claim for National Insurance Contributions constitutes a relevant head of loss

Ratio Decidendi

The pursuers' pleadings, though lacking enthusiasm, are sufficiently specific and relevant to entitle them to enquiry at a proof before answer; no fundamental objection to quantification method used; specification is adequate for fair notice.

Court Disposition

Proof before answer allowed

Orders

  • Proof before answer of all pursuers' averments allowed