(FIRST) ARTHUR J GALLAGHER INSURANCE BROKERS Ltd (FORMLERLY GILES INSURANCE BROKERS Ltd) AND (SECOND) ARTHUR J GALLAGHER SERVICES (UK) Ltd AGAINST (FIRST) GRAHAM HUDSON AND (SECOND) GEORGE STUBBS INSURANCE SERVICES Ltd [2017] ScotSC 2 (19 January 2017)

(FIRST) ARTHUR J GALLAGHER INSURANCE BROKERS Ltd (FORMLERLY GILES INSURANCE BROKERS Ltd) AND (SECOND) ARTHUR J GALLAGHER SERVICES (UK) Ltd AGAINST (FIRST) GRAHAM HUDSON AND (SECOND) GEORGE STUBBS INSURANCE SERVICES Ltd [2017] ScotSC 2 (19 January 2017)

The second defenders' motion for summary decree is refused because they have not produced any extraneous material or pointed to anything in the pleadings that demonstrates the pursuers' case has no real prospect of success. The case is still in the adjustment period, and the pursuers are entitled to adjust their pleadings and complete recovery of documents before such a motion can be properly considered.

Citation
[2017] ScotSC 2
Parties
Pursuer: Arthur J Gallagher Insurance Brokers Limited (Formerly Giles Insurance Brokers Limited); Pursuer: Arthur J Gallagher Services (UK) Limited; First Defender: Graham Hudson; Second Defender: George Stubbs Insurance Services Limited
Jurisdiction
Scotland
Judgment Date
19 January 2017
Procedural Posture
Civil / Interlocutory (motion for Summary Decree)
Outcome
Second defender's motion for summary decree of dismissal refused.
Legal Topics
Restrictive Covenants, Breach of Contract, Inducement of Breach, Conspiracy, Summary Decree, Pleadings, Relevancy and Specification
Employment Law Commercial Law Civil Procedure Restrictive Covenants Breach of Contract Inducement of Breach Conspiracy Summary Decree +2 more

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Parties

Arthur J Gallagher Insurance Brokers Limited (Formerly Giles Insurance Brokers Limited)

Pursuer

Arthur J Gallagher Services (UK) Limited

Pursuer

Graham Hudson

First Defender

George Stubbs Insurance Services Limited

Second Defender

Procedural Posture

Civil / Interlocutory (motion for Summary Decree)

Legal Issues

  1. 1 Whether the pursuers' pleadings against the second defenders are so lacking in relevancy and specification as to justify summary decree of dismissal under rule 17.2 of the ordinary cause rules.
  2. 2 Whether the absence of extraneous material supporting the pursuers' case means there is no real prospect of success.

Ratio Decidendi

The second defenders' motion for summary decree is refused because they have not produced any extraneous material or pointed to anything in the pleadings that demonstrates the pursuers' case has no real prospect of success. The case is still in the adjustment period, and the pursuers are entitled to adjust their pleadings and complete recovery of documents before such a motion can be properly considered.

Court Disposition

Second defender's motion for summary decree of dismissal refused.

Orders

  • Refuses the second defender’s opposed motion for summary decree of dismissal.
  • Makes no further order meantime and continues the cause to the options hearing already fixed.