Emerald Stainless Steel v Southside Distribution [1981] ScotCS CSOH_2 (16 December 1981)
Condition 8.1 is ineffectual as it attempts to create a security without possession and a trust not recognised by Scots law; pursuers have failed to establish a prima facie case for interim interdict.
- Citation
- [1981] ScotCS CSOH_2
- Parties
- Pursuer: Emerald Stainless Steel Ltd; First Defender: South Side Distribution Ltd; Second and Third Defenders: Second and Third Defenders (Receivers of South Side Distribution Ltd)
- Jurisdiction
- Scotland
- Judgment Date
- 16 December 1981
- Procedural Posture
- Motion for Interim Interdict / Interlocutory
- Outcome
- motion for interim interdict refused
- Legal Topics
- Retention of Title, Security Without Possession, Trusts, Incorporation of Terms, Interim Interdict
Case Brief
Summary, issues, holding and outcome
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Parties
Emerald Stainless Steel Ltd
Pursuer
South Side Distribution Ltd
First Defender
Second and Third Defenders (Receivers of South Side Distribution Ltd)
Second and Third Defenders
Procedural Posture
Motion for Interim Interdict / Interlocutory
Legal Issues
- 1 Whether Condition 8.1 and 8.2 of pursuers' general conditions of sale are valid and effective under Scots law
- 2 Whether pursuers have a prima facie case for interim interdict based on retention of title and trust provisions
Ratio Decidendi
Condition 8.1 is ineffectual as it attempts to create a security without possession and a trust not recognised by Scots law; pursuers have failed to establish a prima facie case for interim interdict.
Court Disposition
motion for interim interdict refused
Orders
- motion for interim interdict refused
Full Case Text
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