Dunn v Roxburgh [2013] ScotCS CSOH_42 (08 March 2013)

Dunn v Roxburgh [2013] ScotCS CSOH_42 (08 March 2013)

The pursuer's pleadings fail to meet the required specificity for allegations of fraud or negligent misrepresentation; no relevant averments are made as to the falsity of representations or duty of care, rendering the action irrelevant.

Citation
[2013] ScotCS CSOH_42
Parties
Pursuer: Andrew Dunn; Defender: Maureen Hyslop Roxburgh
Jurisdiction
Scotland
Judgment Date
08 March 2013
Procedural Posture
Civil / Procedure Roll; Motion to Dismiss for Irrelevancy
Outcome
action dismissed
Legal Topics
Trust Deed for Creditors, Misrepresentation, Reduction, Fraud, Negligence
Insolvency Contract Property Trust Deed for Creditors Misrepresentation Reduction Fraud Negligence

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Parties

Andrew Dunn

Pursuer

Maureen Hyslop Roxburgh

Defender

Procedural Posture

Civil / Procedure Roll; Motion to Dismiss for Irrelevancy

Legal Issues

  1. 1 Whether the pursuer was induced to grant a trust deed for creditors by fraudulent or negligent misrepresentation
  2. 2 Whether the pursuer's pleadings are sufficiently specified to support allegations of fraud or negligence

Ratio Decidendi

The pursuer's pleadings fail to meet the required specificity for allegations of fraud or negligent misrepresentation; no relevant averments are made as to the falsity of representations or duty of care, rendering the action irrelevant.

Court Disposition

action dismissed

Orders

  • defender's first plea in law sustained
  • action dismissed