Duncan (AP) v Duncan [2000] ScotCS 150 (7 June 2000)
The pursuer's claims for accounting and payment fail as they are either prescribed, irrelevant, or unsupported by evidence. The defender's intromissions with sale proceeds were properly accounted for, and no further sums are due to the pursuer. Claims outside the pleadings are incompetent.
- Citation
- [2000] ScotCS 150
- Parties
- Pursuer: Helena Marcia Duncan; Defender: Donald MacLachlan Duncan
- Jurisdiction
- Scotland
- Judgment Date
- 07 June 2000
- Procedural Posture
- Civil / Final Judgment
- Outcome
- decree of absolvitor granted for defender; pursuer's pleas repelled
- Legal Topics
- Solicitor's Duties, Accounting for Intromissions, Prescription, Conflict of Interest
Case Brief
Summary, issues, holding and outcome
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Parties
Helena Marcia Duncan
Pursuer
Donald MacLachlan Duncan
Defender
Procedural Posture
Civil / Final Judgment
Legal Issues
- 1 Whether the defender is liable to account for intromissions with pursuer's funds as solicitor
- 2 Whether pursuer is entitled to monetary payment for alleged mismanagement
- 3 Whether pursuer's claims are prescribed under the Prescription and Limitation (Scotland) Act 1973
Ratio Decidendi
The pursuer's claims for accounting and payment fail as they are either prescribed, irrelevant, or unsupported by evidence. The defender's intromissions with sale proceeds were properly accounted for, and no further sums are due to the pursuer. Claims outside the pleadings are incompetent.
Court Disposition
decree of absolvitor granted for defender; pursuer's pleas repelled
Orders
- Fifth plea-in-law for defender sustained
- Pursuer's pleas in law repelled
Full Case Text
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