Reclaiming Motion Prospect Healthcare (hairmyres) Ltd Against Kier Build Ltd And Carillion Construction Ltd
Jurisdiction | Scotland |
Judge | Lord Malcolm,Lord Brodie,Lord President |
Neutral Citation | [2017] CSIH 70 |
Date | 17 November 2017 |
Docket Number | CA137/14 |
Court | Court of Session |
Published date | 17 November 2017 |
FIRST DIVISION, INNER HOUSE, COURT OF SESSION
[2017] CSIH 70
CA137/14
Lord President
Lord Brodie
Lord Malcolm
OPINION OF THE COURT
delivered by LORD CARLOWAY, the LORD PRESIDENT
in the reclaiming motion
PROSPECT HEALTHCARE (HAIRMYRES) LTD
Pursuers and Respondents
against
KIER BUILD LTD
Defenders and Reclaimers
and
CARILLION CONSTRUCTION LTD
Third Parties
Pursuers and Respondents: Currie QC, MIH Hamilton; Harper Mac Leod LLP
Defenders and Reclaimers: Lord Davidson QC, DM Thomson QC; Shepherd & Wedderburn LLP
Third Parties: Borland QC; Brodies LLP
17 November 2017
Introduction
[1] This is an objection to the competency of a reclaiming motion which is designed to
review not the interlocutor reclaimed against but an earlier interlocutor. The latter refused a
motion by the defenders to find, inter alia, the pursuers liable for the expenses which the
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Keatings v Advocate General for Scotland
...1992 Prior v Scottish Ministers [2020] CSIH 36; 2020 SC 528; 2020 SLT 762 Prospect Healthcare (Hairmyres) Ltd v Kier Build Ltd (No 1) [2017] CSIH 70; 2018 SC 155; 2018 SLT 47 RM v Scottish Ministers [2012] UKSC 58; 2013 SC (UKSC) 139; 2013 SLT 57; 2013 SCLR 98; [2012] 1 WLR 3386; [2013] MHL......