Mackays Stores Ltd v City Wall (Holdings) Ltd

JurisdictionScotland
Date1989
Year1989
CourtCourt of Session (Outer House)
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12 cases
  • Gavin Slessor V. Vetco Gray Uk Ltd &c
    • United Kingdom
    • Court of Session
    • 23 Marzo 2007
    ...enabled the Lord Ordinary to grant summary decree. [30] Finally, counsel referred to Mackays Stores Ltd v City Wall (Holdings) Ltd, 1989 S.L.T. 835 (a decision concerning a lease). Lord McCluskey observed at page 836D: "It is plain to me that the issue which falls to be determined is indeed......
  • A. V. B.
    • United Kingdom
    • Court of Session
    • 17 Diciembre 2002
    ...for summary decree raising questions of law is that stated by Lord McCluskey in Mackays Stores Limited v City Wall (Holdings) Limited, 1989 SLT 835, at 836: "The test I have to apply at this stage must be to ask myself if the question of law which is raised (the only question being one of l......
  • The Construction Centre Group Limited V. The Highland Council
    • United Kingdom
    • Court of Session
    • 23 Agosto 2002
    ...(Rule 21.2(4)(a)). Mr MacKenzie, who appeared for the pursuers, properly referred me to Mackays Stores Ltd v City Wall (Holdings) Ltd 1989 SLT 835 in which Lord McCluskey considered the circumstances in which it would be appropriate for the court to decide, on a motion for summary decree, a......
  • William Stewart+jemina Stewart V. Pure Limited
    • United Kingdom
    • Court of Session
    • 26 Marzo 2008
    ...questions. The reasons for this are well summarised by Lord McCluskey in Mackay's Stores Limited v The City Wall (Holdings) Limited 1989 S.L.T. 835 at 836H-J. But this does not mean that points of law can never be resolved on a motion for summary decree, particularly in a case where, as in ......
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