Bridgefoot Building Contracts Ltd v. Michie & Ors [2009] ScotSC 10 (09 April 2009)

Bridgefoot Building Contracts Ltd v. Michie & Ors [2009] ScotSC 10 (09 April 2009)

The appeal fails because the requirements of rule 3.1.2(2)(c) do not apply to applications where respondents have notice, and the sheriff was entitled to find an intelligible prima facie case against the first respondent. The sheriff's interlocutor is upheld as neither party now disputes its form.

Citation
[2009] ScotSC 10
Parties
Petitioner: Bridgefoot Building Contracts Ltd; Respondents: James Michie and Others
Jurisdiction
Scotland
Judgment Date
09 April 2009
Procedural Posture
Summary Application Under Section 1(1) of the Administration of Justice (scotland) Act 1972 / Appeal Against Sheriff's Interlocutor
Outcome
Appeal refused; sheriff's interlocutor adhered to.
Legal Topics
Recovery of Documents, Commission and Diligence, Fiduciary Duties of Directors, Pre Action Discovery
Civil Procedure Evidence Company Law Recovery of Documents Commission and Diligence Fiduciary Duties of Directors Pre Action Discovery

Case Brief

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Parties

Bridgefoot Building Contracts Ltd

Petitioner

James Michie and Others

Respondents

Procedural Posture

Summary Application Under Section 1(1) of the Administration of Justice (scotland) Act 1972 / Appeal Against Sheriff's Interlocutor

Legal Issues

  1. 1 Whether the application for recovery of documents was competent under the 1999 Rules
  2. 2 Whether the petitioners established an intelligible prima facie case justifying recovery
  3. 3 Whether the sheriff's interlocutor was in proper form

Ratio Decidendi

The appeal fails because the requirements of rule 3.1.2(2)(c) do not apply to applications where respondents have notice, and the sheriff was entitled to find an intelligible prima facie case against the first respondent. The sheriff's interlocutor is upheld as neither party now disputes its form.

Court Disposition

Appeal refused; sheriff's interlocutor adhered to.

Orders

  • Petitioners found liable to respondents in expenses of motion number 7/1 of process.
  • Respondents found jointly and severally liable to petitioners in expenses of the appeal.