LawSuit!
LawSuit! is the disputes news note from WJM.
LawSuit! will be bringing you regular news and updates from the world of disputes & litigation. We’ll be highlighting court cases & tribunals and how they might affect you. We’ll look at mediation and other alternative forms of dispute resolution, and guide you towards best practice in all your dealings.
The WJM Commercial Dispute Resolution Team appreciate that an awareness of current issues is vital for you and this knowledge will assist you in making informed decisions, which is why we’ve developed LawSuit!
LawSuit! covers commercial and personal disputes.
Read the latest issue below.
LawSuit! May 2012
Welcome to the latest edition of LawSuit! We have a varied round up of cases in this edition and hope you find something of interest in those highlighted.
First off, we have a judgement from the Supreme Court (Aberdeen City Council v Stewart Milne Group Limited) which again demonstrates the extent to which Supreme Court judges may be willing to explore the intentions of the parties to a contract but, conversely, will not permit the re-writing of a bargain – something the courts cannot do.
We also have an interesting case in which a plea of prescription was upheld by the court following on from the catastrophic explosion at the Stockline factory in Glasgow (David T Morrison & Co Ltd v ICL Plastics Limited & Others).
Continuing a theme from the last edition we have a further example of the court considering trademark infringement and passing off (Gleneagles Hotels Limited v Gleneagles Conservatories Limited). Again the outcome was perhaps not as expected!
Court proceedings are often the culmination of events that leave a shocking impact on an individual or their family. One such case is Vaickuviene & Others v J Sainsbury PLC. This case is as unusual as it is sad but is worth reading for the discussion on the well-known concept of vicarious liability.
We have also lifted a decision from Alloa Sheriff Court as we felt it was an interesting case on the facts and an example perhaps of a little used remedy. Read what happens when an agreement (or not) to buy a piece of ground goes adrift in Northern Hydroseeding Limited v McDonald.
Finally a couple of cases on insolvency – one involving a certain Glasgow football club (Clark & Whitehouse, Noters for Directions) and the other a reminder that insolvency proceedings may last longer than you think (Bryan Jackson, Noter)!
As ever we are happy to receive suggestions or recommendations on cases of particular note or interest and if there is anything in the current edition of LawSuit! that you wish to discuss please contact any member of the CDR team in either Glasgow or Edinburgh.
