SA Marie Brizzard Et Roger International, Re Registration of Judgment [2001] ScotCS 232 (10 October 2001)

SA Marie Brizzard Et Roger International, Re Registration of Judgment [2001] ScotCS 232 (10 October 2001)

The parties, through their solicitors, reached a binding agreement that the petitioners would release all arrestments upon delivery of a bank guarantee and letter of undertaking in agreed terms; therefore, the motion for recall of arrestments is granted.

Citation
[2001] ScotCS 232
Parties
Petitioner: S. A. Marie Brizzard Et Roger International; Respondent: William Grant & Sons Limited; Respondent: William Grant & Sons International Limited
Jurisdiction
Scotland
Judgment Date
10 October 2001
Procedural Posture
Petition for Registration of Foreign Judgment / Motion for Recall of Arrestments
Outcome
motion for recall of arrestments granted
Legal Topics
Enforcement of Foreign Judgments, Security for Claims, Arrestment on the Dependence, Contract Formation
Civil Procedure Private International Law Enforcement of Foreign Judgments Security for Claims Arrestment on the Dependence Contract Formation

Case Brief

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Parties

S. A. Marie Brizzard Et Roger International

Petitioner

William Grant & Sons Limited

Respondent

William Grant & Sons International Limited

Respondent

Procedural Posture

Petition for Registration of Foreign Judgment / Motion for Recall of Arrestments

Legal Issues

  1. 1 Whether alternative security (bank guarantee and letter of undertaking) is sufficient to warrant recall of arrestments
  2. 2 Whether parties reached a binding agreement to recall arrestments upon delivery of specified security

Ratio Decidendi

The parties, through their solicitors, reached a binding agreement that the petitioners would release all arrestments upon delivery of a bank guarantee and letter of undertaking in agreed terms; therefore, the motion for recall of arrestments is granted.

Court Disposition

motion for recall of arrestments granted

Orders

  • Recall of all arrestments on the dependence
  • Order for release of consigned funds following Lady Paton's interlocutor of 28 September 2001