Reclaiming Motion By Marine & Offshore (scotland) Limited Against (second) Gary Robert Hill; And (third) Mca Inspection Services Limited
| Jurisdiction | Scotland |
| Judge | Lord Malcolm,Lord Drummond Young,Lord President |
| Neutral Citation | [2018] CSIH 9 |
| Date | 07 February 2018 |
| Docket Number | CA118/16 |
| Court | Court of Session |
| Published date | 07 February 2018 |
FIRST DIVISION, INNER HOUSE, COURT OF SESSION
[2018] CSIH 9
CA118/16
Lord President
Lord Drummond Young
Lord Malcolm
OPINION OF THE COURT
delivered by LORD CARLOWAY, the LORD PRESIDENT
in the reclaiming motion by
MARINE & OFFSHORE (SCOTLAND) LIMITED
Pursuers and Reclaimers
against
(SECOND) GARY ROBERT HILL; and (THIRD) MCA INSPECTION SERVICES LTD
Defenders and Respondents
Pursuers and Reclaimers: McIlvride QC; Harper Macleod LLP
(Second and Third) Defenders and Respondents: DM Thomson QC; Beveridge & Kellas
7 February 2018
Introduction
[1] This is a reclaiming motion against an interlocutor dated 4 July 2017 in which the
commercial judge sustained the second and third defenders’ pleas to the relevancy of the
pursuers’ averments and dismissed the action in so far as directed against them. The issue
concerns the level of specification required in a commercial action which avers fraud and
resultant loss.
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1 cases
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Caley Oils Limited (in Administration) Against David John Wood
...that to treat a general denial as an implied admission was unsound. I note that in Marine & Offshore (Scotland) Ltd v Hill 2018 SLT 239, [2018] CSIH 9, Gray v Boyd was referred to with approval. [62] I have come to the view that this is not an issue which I need to consider. Having heard su......