Reclaiming Motion By The Fraserburgh Harbour Commissioners Against Mclaughlin & Harvey Limited
| Jurisdiction | Scotland |
| Judge | Lord President,Lord Pentland,Lord Doherty |
| Neutral Citation | [2021] CSIH 58 |
| Date | 06 October 2021 |
| Docket Number | CA92/20 |
| Court | Court of Session |
| Published date | 26 October 2021 |
FIRST DIVISION, INNER HOUSE, COURT OF SESSION
[2021] CSIH 58
CA92/20
Lord President
Lord Pentland
Lord Doherty
OPINION OF THE COURT
delivered by LORD CARLOWAY, the LORD PRESIDENT
in the reclaiming motion
by
THE FRASERBURGH HARBOUR COMMISSIONERS
Pursuers and Reclaimers
against
McLAUGHLIN & HARVEY LIMITED
Defenders and Respondents
Pursuers and Reclaimers: Ellis QC; Burness Paull LLP
Defenders and Respondents: MacColl QC; Brodies LLP
6 October 2021
Introduction and Procedure
[1] In 2010 the pursuers decided to deepen their North Harbour to accommodate
increasing vessel sizes and to allow greater efficiency in the port. In November 2012 the
pursuers accepted the defenders’ tender to carry out the works. The pursuers claim to have
identified defects in the works. They have raised the present proceedings for damages of
£8.85m.
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3 cases
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Peter Morton And Others Against British Polar Engines Limited
...dismissal but it is now accepted in light of the Inner House decision in Fraserburgh Harbour Commissioners v McLaughlin & Harvey Ltd [2021] CSIH 58 – which was issued on the day of the debate – that if the arbitration plea is upheld, the appropriate course will be to sist the action.) It is......
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Greater Glasgow Health Board Against Multiplex Construction Europe Ltd And Others
...Since the hearing took place in the present action, and shortly before my opinion was due to be issued, the court issued its opinion ([2021] CSIH 58) in a reclaiming motion against Lady Wolffe’s decision. The court recalled Lady Wolffe’s interlocutor and sisted the action pending the outcom......
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Fraserburgh Harbour Commissioners v McLaughlin and Harvey Ltd
... [2021] CSIH 58 First Division Lady Wolffe No 6 Fraserburgh Harbour Commissioners and McLaughlin and Harvey Ltd Cases referred to: Anglian Water Services v Laing O'Rourke Utilities Ltd [2010] EWHC 1529; [2011] All ER (Comm) 1143; [2010] CILL 2873; 131 Con LR 94 Brodie v Ker 1952 SC 216; 195......
1 firm's commentaries
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Alternative Dispute Resolution Clauses
...which require parties to refer their dispute to a specified ADR process. In Fraserburgh Harbour Commissioners v Mclaughlin & Harvey Ltd [2021] CSIH 58, the Inner House of the Court of Session considered whether a contractual clause ' which required parties to refer their dispute to adjudica......