MARJORIE McLENNAN v. I.C.C.S. (NORTHERN) LIMITED and STANDARD LIFE TRUSTEE COMPANY LIMITED [1998] ScotSC 1 (29th September, 1998)

MARJORIE McLENNAN v. I.C.C.S. (NORTHERN) LIMITED and STANDARD LIFE TRUSTEE COMPANY LIMITED [1998] ScotSC 1 (29th September, 1998)

The sheriff found that the issues of whether the contract of employment was terminated prior to the deceased's death, and whether the pursuer is entitled to death in service benefits, could not be determined on the pleadings alone. The correspondence was equivocal and required proof. The third plea-in-law for the pursuer was repelled by consent, and proof before answer was allowed on the remaining issues.

Citation
[1998] ScotSC 1
Parties
Pursuer: Marjorie McLennan; First Defenders: I. C. C. S. (Northern) Ltd.; Second Defenders: Standard Life Trustee Company Limited
Jurisdiction
Scotland
Procedural Posture
Civil / Interlocutory Judgment on Relevancy and Specification, Allowing Proof Before Answer
Outcome
Third plea-in-law for the pursuer repelled by consent; proof before answer allowed on remaining averments; case continued for further procedure.
Legal Topics
Termination of Employment, Death in Service Benefits, Wrongful Dismissal, Repudiation and Acceptance of Contract, Employment Contracts
Employment Law Contract Law Termination of Employment Death in Service Benefits Wrongful Dismissal Repudiation and Acceptance of Contract Employment Contracts

Case Brief

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Parties

Marjorie McLennan

Pursuer

I. C. C. S. (Northern) Ltd.

First Defenders

Standard Life Trustee Company Limited

Second Defenders

Procedural Posture

Civil / Interlocutory Judgment on Relevancy and Specification, Allowing Proof Before Answer

Legal Issues

  1. 1 Whether the deceased's contract of employment was terminated prior to his death
  2. 2 Whether the pursuer is entitled to death in service benefits under the employment contract and associated scheme
  3. 3 Whether the correspondence between the deceased and first defenders constituted a resignation, repudiation, or consensual termination of contract

Ratio Decidendi

The sheriff found that the issues of whether the contract of employment was terminated prior to the deceased's death, and whether the pursuer is entitled to death in service benefits, could not be determined on the pleadings alone. The correspondence was equivocal and required proof. The third plea-in-law for the pursuer was repelled by consent, and proof before answer was allowed on the remaining issues.

Court Disposition

Third plea-in-law for the pursuer repelled by consent; proof before answer allowed on remaining averments; case continued for further procedure.

Orders

  • Repels the third plea-in-law for the pursuer
  • Allows parties a proof of their respective averments under reservation of the first plea-in-law for the first defenders and the first plea-in-law for the second defenders