Dean Warwick Ltd v Borthwick (Expenses)
| Jurisdiction | Scotland |
| Year | 1981 |
| Date | 1981 |
| Court | Court of Session (Outer House) |
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5 cases
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Gaelic Seafoods (ireland) Limited V. Ewos Limited
...I do not think that this can be a relevant consideration. The reason is stated by Lord Maxwell in Dean Warwick Ltd v Borthwick, 1981 SLT (Notes) 18, at 19: "[The argument's] fallacy is that it assumes the pursuer will succeed in the action, whereas caution is required because of the possibi......
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Reclaiming Motion By Centenary 6 Limited Against Robert Caven And Kevin Mawer
...Retail Ltd 2006 SLT 743, Lord Drummond Young referred (at para 10) to the words of Lord Maxwell in Dean Warwick Ltd v Borthwick 1981 SLT (Notes) 18 (at 19) that: “… if the requirement to find caution will in fact make it impractical for the pursuer to proceed, that merely goes to demonstrat......
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Monarch Energy Limited V. Powergen Retail Limited
...the defender is successful. If such evidence is available, however, caution will normally be ordered: Dean Warwick Ltd. v Borthwick, 1981 SLT (Notes) 18, at 19, where Lord Maxwell states that the primary question is whether there is a substantial risk that the defender will be unable to rec......
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Albert Bartlett & Sons (airdrie) Limited+atlas Ward Structures Limited V. Gilchrist & Lynn Limited+the Kerr Practice
...if the defender is successful. If such evidence is available, however, caution will normally be ordered: Dean Warwick Ltd v Borthwick 1981 SLT (Notes) 18, at 19, where Lord Maxwell states that the primary question is whether there is a substantial risk that the defender will be unable to re......
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