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Company law [2024] CSIH 19

Petition of A and others (Court of Session)

Petition of A and others (Court of Session) [2024] CSIH 19 (26 July 2024)

The Court of Session used the nobile officium to allow urgent rectification of a company's register so executors could act before confirmation and secure finance.

  • Rectification of register of members
  • Executors' powers before confirmation
  • Nobile officium jurisdiction
  • Urgent corporate finance
  • Judicial factor alternative
  • Nobile-officium
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Commercial law [2024] ScotCS CSOH_28

ROBERT GORDON KIDD AGAINST LIME ROCK MANAGEMENT LLP & OTHERS

ROBERT GORDON KIDD AGAINST LIME ROCK MANAGEMENT LLP & OTHERS [2024] ScotCS CSOH_28 (08 March 2024)

A Scottish commercial action over a private equity transaction was dismissed after the court found no proved unlawful conspiracy, fraud, or dishonest assistance.

  • Unlawful means conspiracy
  • Fraud
  • Accessory liability
  • Dishonest assistance
  • Breach of fiduciary duty
  • Conflict of interest
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Partnership law [2021] ScotCS CSOH_64

JOHANN MAXIMILIAN HERBERSTEIN AGAINST (FIRST) TDR CAPITAL GENERAL PARTNER II LP AND OTHERS

JOHANN MAXIMILIAN HERBERSTEIN AGAINST (FIRST) TDR CAPITAL GENERAL PARTNER II LP AND OTHERS [2021] ScotCS CSOH_64 (18 June 2021)

The Court of Session held that a limited partnership owed a duty to account to a limited partner and allowed the action to proceed to the second stage.

  • Limited partnership accounting
  • Partners' duty to account
  • Contractual modification of statutory duties
  • Partnership-law
  • Limited-partnerships
  • Duty-to-account
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Contract law [2020] ScotCS CSOH_90

WILLIAM LINDSAY AGAINST OUTLOOK FINANCE LTD

WILLIAM LINDSAY AGAINST OUTLOOK FINANCE LTD [2020] ScotCS CSOH_90 (28 October 2020)

The Outer House held that William Lindsay’s pled case of facility, circumvention and lesion was relevant and should proceed to proof, rejecting challenges on restitutio and declarator.

  • Facility, circumvention and lesion
  • Reduction of deeds
  • Declarator
  • Restitutio in integrum
  • Unjustified enrichment
  • Facility-circumvention-and-lesion
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Company law [2019] ScotCS CSOH_61

SOMERVILLE AGAINST 1051 GWR LTD

SOMERVILLE AGAINST 1051 GWR LTD [2019] ScotCS CSOH_61 (08 August 2019)

The Outer House held that averments seeking reduction of a lease could go to proof, rejecting relevancy challenges based on fiduciary duty, bad faith, and delay.

  • Fiduciary duties
  • Reduction of contract
  • Director conflict of interest
  • Bad faith
  • Restitutio in integrum
  • Mora, taciturnity and acquiescence
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Civil procedure [2014] ScotCS CSIH_73

RICHARD N.M. ANDERSON AS EXECUTOR NOMINATE OF THE LATE MRS PATRICIA ANDERSON

RICHARD N.M. ANDERSON AS EXECUTOR NOMINATE OF THE LATE MRS PATRICIA ANDERSON [2014] ScotCS CSIH_73 (26 August 2014)

The Inner House refused interim interdict and suspension in a nobile officium petition seeking to halt enforcement of a summary decree for expenses and costs.

  • Reduction of decree
  • Suspension of diligence
  • Nobile officium
  • Summary decree
  • Judicial review
  • Expenses and costs
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Contract law [2014] ScotCS CSOH_16

Cooper v The Bank of Scotland & Anor

Cooper v The Bank of Scotland & Anor [2014] ScotCS CSOH_16 (30 January 2014)

The court granted reduction of a standard security over the pursuer’s home, holding that her husband misrepresented the document’s effect and the bank failed to act in good faith.

  • Reduction of security
  • Good faith
  • Misrepresentation
  • Cautionary obligations
  • Restitutio in integrum
  • Reduction-of-security
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Company law [2013] ScotCS CSOH_67

Parks of Hamilton (Holdings) Ltd v Campbell

Parks of Hamilton (Holdings) Ltd v Campbell [2013] ScotCS CSOH_67 (30 April 2013)

The Court of Session held that a shareholder and director misrepresented the basis of his share premium in a company sale and owed damages to the pursuers.

  • Misrepresentation
  • Fiduciary duty
  • Share sale
  • Damages
  • Directors' duties
  • Fiduciary-duty
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Property law [2011] ScotCS CSOH_50

Virdee v Stewart

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

The Court of Session held that a claim for recompense was prescribed because the defender was enriched when the house was completed in 1994, not in 2009.

  • Unjust enrichment
  • Prescription
  • Recompense
  • Unjust-enrichment
  • Scots-law
  • Property-law
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Company law [2004] ScotCS 21

Liddell v. LAW Holdings & Ors

Liddell v. LAW Holdings & Ors [2004] ScotCS 21 (30 January 2004)

The Court of Session granted interim interdict to stop sale of Cadzow House pending proof, holding the petitioner’s contingent rights and the balance of convenience favoured protection.

  • Interim interdict
  • Share purchase agreement
  • Contingent creditor rights
  • Asset protection
  • Balance of convenience
  • Interim-interdict
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Scotland decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.