Glasgow City Council v Monsignor Peter Smith & Ors (Springboig St John's School) [2015] ScotCS CSOH_143 (23 October 2015)

Glasgow City Council v Monsignor Peter Smith & Ors (Springboig St John's School) [2015] ScotCS CSOH_143 (23 October 2015)

No binding extra-judicial settlement was concluded as essential terms were not objectively agreed, approval by counsel was outstanding, and the identity of the payer remained uncertain.

Citation
[2015] ScotCS CSOH_143
Parties
Pursuer: Glasgow City Council; Defenders: Monsignor Peter Smith & Others (Springboig St John's School)
Jurisdiction
Scotland
Judgment Date
23 October 2015
Procedural Posture
Commercial Action / Preliminary Proof
Outcome
minute dismissed
Legal Topics
Settlement Agreements, Extra Judicial Compromise, Binding Contracts, Pension Fund Liability
Contract Law Civil Procedure Settlement Agreements Extra Judicial Compromise Binding Contracts Pension Fund Liability

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Parties

Glasgow City Council

Pursuer

Monsignor Peter Smith & Others (Springboig St John's School)

Defenders

Procedural Posture

Commercial Action / Preliminary Proof

Legal Issues

  1. 1 Whether a binding extra-judicial settlement was concluded between the parties
  2. 2 Whether the essential terms of the compromise agreement were objectively agreed

Ratio Decidendi

No binding extra-judicial settlement was concluded as essential terms were not objectively agreed, approval by counsel was outstanding, and the identity of the payer remained uncertain.

Court Disposition

minute dismissed

Orders

  • first plea-in-law in the answers sustained
  • minute dismissed