Wilson v Inverness Retail and Business Park

JurisdictionScotland
Year2003
Date2003
CourtCourt of Session (Outer House)
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4 cases
  • Alexander Marshall Wishart V. Castlecroft Securities Limited And Others
    • United Kingdom
    • Court of Session
    • 21 July 2009
    ...of the Outer House: Anderson v Hogg 2000 SLT 634 (and, on appeal, 2002 SC 190) and Wilson v Inverness Retail and Business Park Ltd 2003 SLT 301. The law in Scotland achieved a similar practical result, in broad terms, to that in England and Wales and Northern Ireland, although there were di......
  • Petition of Alexander Marshall Wishart
    • United Kingdom
    • Court of Session (Inner House)
    • 21 July 2009
    ...Wallersteiner v Moir (No 2)ELRWLRUNK [1975] QB 373; [1975] 2 WLR 389; [1975] 1 All ER 849 Wilson v Inverness Retail and Business Park Ltd 2003 SLT 301 Textbooks etc. referred to: Bell, GJ, Principles of the Law of Scotland (10th Guthrie ed, T&T Clark, Edinburgh, 1899), para 541 Bowstead, W,......
  • Alexander Marshall Wishart For An Order Under S.266 Of The Companies Act 2006 Granting Leave To Raise A Derivative Proceeding
    • United Kingdom
    • Court of Session
    • 12 February 2009
    ...summarised in some detail the principles to be derived from the English cases. The second is Wilson v. Inverness Retail and Business Park 2003 SLT 301. There Lord Eassie was concerned with a plea by the defenders to the competency and relevancy of a derivative action raised against them by ......
  • Appeal From The Sheriffdom Of Grampian Highland And Islands At Aberdeen For Peter Li V. Holois Limited
    • United Kingdom
    • Court of Session
    • 20 November 2009
    ...ed) para 2.46). This precluded the remedy as an option under section 996 in the Sheriff Court (Wilson v Inverness Retail and Business Park 2003 SLT 301, Lord Eassie at para [27]). This had been made clear by the redefinition of the meaning of "court" in section 1156, which had not been in f......
1 books & journal articles
  • Statutory Derivative Proceedings in Scotland: A Procedural Impasse?
    • United Kingdom
    • Edinburgh University Press Edinburgh Law Review No. , June 2009
    • 1 June 2009
    ...17 R 1094; Hannay v Muir (1898) 1 F 306; Anderson v Hogg 2000 SLT 634; Wilson & Docherty v Inverness Retail & Business Park Ltd & Shaw 2003 SLT 301; A A Paterson “The derivative action in Scotland” 1982 SLT (News) 205; D Cabrelli, “Derivative actions: part of the minority shareholder's ‘for......

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