Green v. Moran &Ors [2002] ScotCS 131 (10th May, 2002)

Green v. Moran &Ors [2002] ScotCS 131 (10th May, 2002)

The pursuer's pleadings are insufficient as they fail to address the proper measure of entitlement by omitting all assets and liabilities and lack necessary specification for fair notice; thus, the action must be dismissed.

Citation
[2002] ScotCS 131
Parties
Pursuer: Marcus Isadore Green; First Defender: Gerald Moran; Second Defender: Second Defenders; Third Defender: Third Defenders
Jurisdiction
Scotland
Procedural Posture
Civil / Procedure Roll Hearing on Relevancy and Specification
Outcome
principal action dismissed; proof before answer allowed on counterclaim
Legal Topics
Retiring Partner's Entitlement, Valuation of Partnership Interest, Pleading Requirements, Action for Payment Vs. Count Reckoning and Payment
Partnership Law Civil Procedure Retiring Partner's Entitlement Valuation of Partnership Interest Pleading Requirements Action for Payment Vs. Count Reckoning and Payment

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Parties

Marcus Isadore Green

Pursuer

Gerald Moran

First Defender

Second Defenders

Second Defender

Third Defenders

Third Defender

Procedural Posture

Civil / Procedure Roll Hearing on Relevancy and Specification

Legal Issues

  1. 1 What is the proper measure and pleading standard for a retiring partner's entitlement in the absence of a specific agreement?
  2. 2 Are the pursuer's pleadings sufficiently specific and relevant to entitle him to proof?

Ratio Decidendi

The pursuer's pleadings are insufficient as they fail to address the proper measure of entitlement by omitting all assets and liabilities and lack necessary specification for fair notice; thus, the action must be dismissed.

Court Disposition

principal action dismissed; proof before answer allowed on counterclaim

Orders

  • Sustain first plea-in-law for each defender and dismiss the principal action.
  • Allow proof before answer in respect of the counterclaim.