THOMAS GRAHAM GILLESPIE and Reclaimer v TOONDALE Ltd Defenders and Respondents
| Jurisdiction | Scotland |
| Neutral Citation | [2005] CSIH 92 |
| Date | 2005 |
| Year | 2005 |
| Court | Court of Session (Inner House) |
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24 cases
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Pet Shabana Yasmin Soofi Or Murtaza (fe) For Suspension Ad Interim
...the Petitioner to present a "colourable" case [cf. Karl Construction Ltd v Palisade Properties plc [2002] SC 270; Gillespie v Toondale Ltd 2006 SC 304; Cowan v The Royal Bank Of Scotland Plc [2011] CSOH 85 (17 May 2011)]. [25] The substance of what the learned Sheriff has done was authorise......
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Fish And Fish Limited For An Order Under Section 27 Of The Civil Jurisdiction And Judgments Act 1982
...with an apparently arguable defence: Barry D Trentham Limited v Lawfield Investmenst Limited 2002 SC 401; Gillespie v Toondale Limited 2005 CSIH 92; FG Hawkes (Western) Limited v Szipt Ltd 2007 CSOH 57 ; and MRK 1 Limited v Sakur & Others 2008 CSOH 176. [15] In my judgment there is no subst......
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Ted Jacobs Engineering Group Inc V. Robert Matthew Johnston-marshall And Partners And Others For Orders Of Section 1 Of The Administration Of Justice (scotland) Act 1972
...by a section 1 application, the court should not proceed on anything other than a cogent and convincing case (cf Gillespie v Toondale Ltd 2006 SC 304, paragraphs [11]-[12]). It was not sufficient simply to have a colourable case. The law governing any "wrong" in this case was the law of Dub......
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(first) The Firm Of Barry And Susan Peart; (second) Barry Peart; And (third) Susan Peart Against Promontoria (henrico) Limited
...Any attempt to interdict a sequestration process had to make out a cogent and convincing prima facie case (Gillespie v Toondale Ltd 2006 SC 304). A colourable case was insufficient. [35] In the present case, the productions did not support the averments in condescendence 5 of the summons. F......
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