Virdee v Stewart [2011] ScotCS CSOH_50 (17 March 2011)

Virdee v Stewart [2011] ScotCS CSOH_50 (17 March 2011)

The defender was enriched as soon as the house was completed in August 1994, and the obligation to make recompense arose at that time. The pursuer's claim was raised more than five years later and is extinguished by prescription.

Citation
[2011] ScotCS CSOH_50
Parties
Pursuer: Mrs Anne Virdee; Defender: Dr Duncan Angus Stewart
Jurisdiction
Scotland
Judgment Date
17 March 2011
Procedural Posture
Civil / Procedure Roll (pleas in Law: Prescription and Relevancy)
Outcome
defender's fourth plea in law sustained; decree of absolvitor pronounced
Legal Topics
Unjust Enrichment, Prescription, Recompense
Property Law Equity Scots Law Unjust Enrichment Prescription Recompense

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Mrs Anne Virdee

Pursuer

Dr Duncan Angus Stewart

Defender

Procedural Posture

Civil / Procedure Roll (pleas in Law: Prescription and Relevancy)

Legal Issues

  1. 1 Whether the defender was unjustly enriched at the pursuer's expense
  2. 2 Whether the pursuer's claim for recompense is prescribed under Scots law

Ratio Decidendi

The defender was enriched as soon as the house was completed in August 1994, and the obligation to make recompense arose at that time. The pursuer's claim was raised more than five years later and is extinguished by prescription.

Court Disposition

defender's fourth plea in law sustained; decree of absolvitor pronounced

Orders

  • defender's fourth plea in law sustained
  • decree of absolvitor pronounced