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Scotland decisions
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Linda Hastings for an order in terms of section 212 of the Insolvency Act 1986 (Sheriff Court Civil) [2024] SCKIR 52 (21 October 2024)
The sheriff held that a section 212 Insolvency Act application was relevant and gave fair notice, and that the respondents had to account for company property.
AZAM, SECRETARY OF STATE FOR BUSINESS AND TRADE FOR A DISQUALIFICATION ORDER IN RESPECT OF [2024] ScotCS CSOH_53 (23 May 2024)
The Court of Session granted a six-year disqualification order against Muhammad Azam for deliberately employing illegal workers and exposing his company to an unpaid civil penalty.
OIL STATES INDUSTRIES (UK) LTD AGAINST "S" LTD AND OTHERS [2022] ScotCS CSOH_52 (04 August 2022)
The court held that bribery was established in a procurement dispute and that the first defender was vicariously liable for the employee’s conduct.
COULTERS PROPERTY Ltd AGAINST MARK COULTER [2022] SC EDIN 10 (18 March 2022)
The sheriff court held that the defender, a company director, breached fiduciary duties by diverting business opportunities for personal gain, and ordered damages and an account of profits.
THE PETITION OF THE ROYAL BANK OF SCOTLAND PLC FOR AUTHORITY TO RESIGN AS TRUSTEE OF THE SAID TRUST [2022] ScotCS CSOH_3 (14 January 2022)
The Court of Session granted The Royal Bank of Scotland PLC authority to resign as trustee, finding resignation was in the trusts’ interests and Ludlow suitable.
APPEAL BY STATED CASE BY NEIL CUNNINGHAM AGAINST NAMULAS PENSION TRUSTEES LTD [2020] ScotCS CSIH_73 (18 December 2020)
The Inner House refused an appeal against a Pensions Ombudsman determination, holding that Namulas acted reasonably in administering a SIPP and that withdrawal of the complaint could properly be refused.
THE JOINT BANKRUPTCY TRUSTEES OF GREGORY KING AGAINST HUGH KING [2020] ScotCS CSOH_101 (16 December 2020)
The Court of Session allowed a proof before answer in a dispute over alleged constructive trust, gratuitous receipt, and prescription involving funds used to buy Spanish property.
CJC MEDIA (SCOTLAND) LTD AGAINST KENNETH SINCLAIR [2020] ScotCS CSOH_93 (20 November 2020)
The Court of Session rejected a defender’s objections to an Auditor’s taxation of expenses, holding the Auditor had acted within his discretion.
COX AGAINST PETER COX AND KAREN COX [2018] ScotCS CSOH_49 (18 May 2018)
The Court of Session held that Mrs Cox knowingly authorised transfer of sale proceeds to her son and daughter-in-law, so agency and unjust enrichment claims failed.
THE UNIVERSITY COURT OF THE UNIVERSITY OF ST ANDREWS AND ANOTHER , RECLAIMING MOTION BY v HEADON HOLDINGS LIMITED AND OTHERS [2017] ScotCS CSIH_61 (10 October 2017)
The Inner House held that a joint venture may amount to a partnership and that alleged non-disclosure and misrepresentation required proof before answer.
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