Gilchrist & Ors v McClure Naismith LLP [2015] ScotCS CSOH_134 (13 October 2015)

Gilchrist & Ors v McClure Naismith LLP [2015] ScotCS CSOH_134 (13 October 2015)

Claims for VAT loss, health/reputation damages, loss of management fees, loss of opportunity to acquire property equity, and loss of rental income are irrelevant, too remote, lack specification, or not within scope of duty; only averments relating to advice on pursuing BHL debt admitted to probation.

Source-derived case information.

Citation
[2015] ScotCS CSOH_134
Parties
Pursuer: James Gilchrist; Pursuer: Others (including Fearann Ltd and second pursuer, wife of first pursuer); Defender: McClure Naismith LLP
Jurisdiction
Scotland
Judgment Date
13 October 2015
Procedural Posture
Professional Negligence / Breach of Contract / Procedure Roll Debate on Relevancy and Specification
Outcome
Certain averments not admitted to probation; claims for VAT, health/reputation, management fees, property equity, rental income struck out; only averments relating to advice on BHL debt admitted to probation; expenses reserved.
Legal Topics
Solicitor's Duty of Care, Remoteness of Damage, Loss of Opportunity, Mental Distress Damages, Valuation of Loss, Liquidation Consequences
Professional Negligence Contract Law Solicitor's Duty of Care Remoteness of Damage Loss of Opportunity Mental Distress Damages Valuation of Loss Liquidation Consequences

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Parties

James Gilchrist

Pursuer

Others (including Fearann Ltd and second pursuer, wife of first pursuer)

Pursuer

McClure Naismith LLP

Defender

Procedural Posture

Professional Negligence / Breach of Contract / Procedure Roll Debate on Relevancy and Specification

Legal Issues

  1. 1 Whether pursuers' claims for VAT loss, health/reputation damages, loss of management fees, loss of opportunity to acquire property equity, and loss of rental income are relevant and sufficiently specified
  2. 2 Whether losses claimed are too remote or lack proximate causation
  3. 3 Whether mental distress and reputational damages are recoverable in professional negligence

Ratio Decidendi

Claims for VAT loss, health/reputation damages, loss of management fees, loss of opportunity to acquire property equity, and loss of rental income are irrelevant, too remote, lack specification, or not within scope of duty; only averments relating to advice on pursuing BHL debt admitted to probation.

Court Disposition

Certain averments not admitted to probation; claims for VAT, health/reputation, management fees, property equity, rental income struck out; only averments relating to advice on BHL debt admitted to probation; expenses reserved.

Orders

  • Averments in article 9 (VAT, health/reputation, management fees) not admitted to probation.
  • Whole of article 10 (property equity/rental income) not admitted to probation.