Commodity Solution Services Limited And Another Against First Scottish Searching Services Limited
| Jurisdiction | Scotland |
| Judge | Sheriff P Di Emidio |
| Neutral Citation | [2020] SC DUN 29 |
| Court | Sheriff Court |
| Docket Number | A162-16 |
| Date | 09 March 2020 |
| Published date | 16 June 2020 |
SHERIFFDOM OF TAYSIDE CENTRAL AND FIFE AT DUNFERMLINE
[2020] SC DUN 29
A162-16
JUDGMENT OF SHERIFF PINO DI EMIDIO
in the cause
COMMODITY SOLUTION SERVICES LIMITED, a company incorporated under the
Companies Acts and having its registered office at 64 Allardice Street, Stonehaven,
AB39 2AA
and
CHARLES HENRY SANDS, Chartered Accountant and Insolvency Practitioner, having a
place of business at 64 Allardice Street, Stonehaven, AB39 2AA, the liquidator thereof
Pursuers
against
FIRST SCOTTISH SEARCHING SERVICES LIMITED, a company incorporated under the
Companies Acts and having its registered office at St. David’s House, St. David’s Drive,
Dalgety Bay, Dunfermline, Fife KY11 9NB
Defenders
Pursuer: McIlvride QC, McKinlay Advocate; Raeburn Christie Clark & Wallace
Defender: Duncan QC, Reid Advocate; Clyde & Co (Scotland) LLP
Dunfermline 9 March 2020
The Sheriff, having resumed consideration of the cause; finds the following facts admitted or
proved.
1. The first named pursuers are Commodity Solution Services Limited a company
incorporated under the Companies Acts and having their registered office at 64 Allardice
Street, Stonehaven, AB39 2AA. The second named pursuer is Charles Henry Sands,
Chartered Accountant and Insolvency Practitioner. On 5 October 2010 he was appointed as
2
interim liquidator of the first named pursers by virtue of an interlocutor of the sheriff at
Arbroath. On 13 December 2010 he was appointed as liquidator.
2. The defenders are First Scottish Searching Services Limited a company incorporated
under the Companies Acts and having a place of business at St. David’s House, St. David’s
Street, Dalgety Bay, KY11 9NB. They carry on business providing Searching Services. They
provide reports of various Public Registers including the Personal Registers.
3. Mr Ian Donald Gardner was a director of the first named pursuers.
The Inhibition
4. On 6 December 2011 the pursuers were awarded decree against Mr Ian Donald
Gardner in the sum of fifty thousand pounds with interest at the rate of with interest thereon
at the rate of eight per cent per annum from 9 November 2011 until payment together with
expenses in the sum of three hundred and forty five pounds and thirty pence.
5. No payment has been made by Mr Ian Donald Gardner to the pursuers in
satisfaction of the whole or any part of the decree.
6. On 2 February 2012 a Schedule of Inhibition was served on Mr Ian Donald Gardner
by sheriff officers.
7. The schedule identified Mr Ian Donald Gardner and his residential address at
6 Arbirlot Place, Arbroath (“the property”).
8. On 8 February 2012 the Inhibition was registered in the Register of Inhibitions and
Adjudications.
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