Sinclair v MacDougall Estates Ltd
| Jurisdiction | Scotland |
| Date | 1994 |
| Year | 1994 |
| Court | Court of Session (Outer House) |
-
- This document is available in original version only for vLex customers
View this document and try vLex for 7 days - TRY VLEX
- This document is available in original version only for vLex customers
11 cases
-
Anm Group Limited V. Gilcomston North Limited And Others
...or regarding error for the purposes of section 6(4), the onus of proof lay on the pursuers. In Sinclair v MacDougall Estates Limited 1994 S.L.T. 76, the first of these issues was resolved by concession, but in Strathclyde Regional Council v WA Fairhurst & Partners 1997 S.L.T. 658 Lord Abern......
-
David T Morrison & Co Limited Trading As Gael Home Interiors V. Icl Plastics Limited+icl Tech Limited+stockline Plastics Limited
...Scott Lithgow Ltd v Secretary of State for Defence 1989 SC (HL) 9 (defective submarine cables); and Sinclair v MacDougall Estates Ltd 1994 SLT 76 (building defects). A construction of section 11(3) restricted solely to "latent damage" would not entitle the pursuers in the present case to po......
-
Mrs. Judith Rose Strong V. Craig Associates And Others
...ordinary prudence to bear in the circumstances of which she was actually aware (Glasper at 48E-G; Sinclair v Macdougall Estates Limited 1994 SLT 76 at 83C-D; Beveridge & Kellas at 91A, 91G, 92C and 93F). The test of relevancy to be applied to the pursuer's averments seeking to invoke sectio......
-
Pelagic Freezing Limited V. Lovie Construction
...independent prescriptive periods, especially where these flow from separate and distinct defaults - Sinclair v MacDougall Estates Ltd 1994 SLT 76; Musselburgh & Fisherrow Co-operative Society Ltd v Mowlem Scotland Ltd 2004 SCLR 412; AMN Group Ltd v Gilcomston Ltd. In considering whether def......
Request a trial to view additional results