Britannia Building Society v Clarke
| Jurisdiction | Scotland |
| Date | 2001 |
| Year | 2001 |
| Court | Court of Session (Outer House) |
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10 cases
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Anm Group Limited V. Gilcomston North Limited And Others
...their plea. The pursuers' onus under section 11(3) was more recently affirmed by Lord Macfadyen in Britannia Building Society v Clarke 2001 S.L.T. 1355. In my view the parties' agreement on these related issues was well founded, and in particular I accept that the decision in Strathclyde Re......
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Rosemary Winter-scott, The Accountant In Bankruptcy V. Balfour & Manson
...provided by section 11(3) bears the onus. This is clear not only from AMN and the ICL case but also Britannia Building Society v Clarke 2001 SLT 1355 and Pelagic Freezing (Scotland) Limited v Lovie Construction Ltd [2010] CSOH 145. Quite apart from these authorities the maxim ei qui affirma......
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David T Morrison & Company Ltd (t/a Gael Home Interiors) v ICL Plastics Ltd
...Extra Division of the Inner House of the Court of Session in Beveridge & Kellas WS v Abercromby 1997 SC 88, Lord MacFadyen in Britannia Building Society v Clarke 2001 SLT 1355 and Lord Menzies in Pelagic Freezing Ltd v Lovie Construction Ltd [2010] CSOH 145. In Ghani v Peter T McCann & C......
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Pelagic Freezing Limited V. Lovie Construction
...for the purpose of Section 11(3) or error for the purpose of Section 6(4) shifted to the pursuers - Britannia Building Society v Clarke 2001 SLT 1355; AMN Group Ltd v Gilcomston Ltd. The argument advanced on behalf of the second defenders that the onus rests on the pursuers to show that the......
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