COLIN McCAFFERTY v. WILLIAM MUIR McCAFFERTY [1999] ScotSC 22 (2nd August, 1999)

COLIN McCAFFERTY v. WILLIAM MUIR McCAFFERTY [1999] ScotSC 22 (2nd August, 1999)

The pursuer's claim for unjust enrichment was prescribed because the obligation became enforceable when the disposition was recorded, more than five years before the action was raised. The pursuer's pleadings were also irrelevant as they sought to contradict the terms of the disposition, and he failed to aver a lack of legal justification for the defender's enrichment or sufficient grounds for equity.

Citation
[1999] ScotSC 22
Parties
Pursuer: Colin McCafferty; Defender: William Muir McCafferty
Jurisdiction
Scotland
Procedural Posture
Civil / Judgment After Debate on Pleas in Law
Outcome
Action dismissed; decree of absolvitor granted in favour of defender.
Legal Topics
Unjust Enrichment, Prescription, Recompense, Division and Sale, Admissibility of Extrinsic Evidence, Equitable Remedies
Property Law Restitution Civil Procedure Unjust Enrichment Prescription Recompense Division and Sale Admissibility of Extrinsic Evidence +1 more

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Parties

Colin McCafferty

Pursuer

William Muir McCafferty

Defender

Procedural Posture

Civil / Judgment After Debate on Pleas in Law

Legal Issues

  1. 1 Whether the pursuer's claim for unjust enrichment is prescribed under section 6 of the Prescription and Limitation (Scotland) Act 1973
  2. 2 Whether the pursuer's pleadings are relevant and sufficient to support a claim for recompense based on unjust enrichment
  3. 3 Whether extrinsic evidence can be led to contradict the terms of a probative disposition

Ratio Decidendi

The pursuer's claim for unjust enrichment was prescribed because the obligation became enforceable when the disposition was recorded, more than five years before the action was raised. The pursuer's pleadings were also irrelevant as they sought to contradict the terms of the disposition, and he failed to aver a lack of legal justification for the defender's enrichment or sufficient grounds for equity.

Court Disposition

Action dismissed; decree of absolvitor granted in favour of defender.

Orders

  • Sustains the second plea-in-law for the defender.
  • Assoilzies the defender from the crave of the initial writ.