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Aug 27, 2023 · Doug Pettigrew, retired from a 40-year career at Allsup’s Convenience Stores, said Thursday he’d like the job. “I feel like I need to try and make Clovis better,” he said. Mike Morris said he’s heard of at least two other potential candidates but declined to name them.
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- The Dispute
- The Outcome
- The Award of Expenses
- Application For An Interim Payment to Account of An Award of Expenses
- The Interim Payment to Account
- Comment
- Notes
The claim brought against our clients was largely in respect of an alleged dilapidations liability, but extended to cover a declaration of irritancy, alleged arrears of rent and service charge and various other sums. Our clients rejected the claim, which ran into excess of £2.5m, in its entirety. We were instructed to defend the proceedings brought...
Following some initial procedure, a preliminary proof (restricted trial) went ahead in respect of the major elements of the claim, with eleven witnesses giving evidence over the course of four days. Our clients were successful at the proof, with the Court finding that their approach to assessing their dilapidations liability, if any, was the correc...
Once what had remained of the claim was dismissed, the focus of parties’ attention quickly moved to expenses, particularly given the considerable sums committed in the action. An award in favour of our clients, partly on an agent/client, client paying basis (the highest form of recovery available) and with a ‘multi headed’ uplift (an allowable incr...
While the expenses award was a very welcome one for our clients, the preparation of such a substantial account of expenses and likely fixing of Taxation (a hearing for the account to be assessed by the Auditor of Court) would take many months. On that basis, our clients sought an interim payment to account of their substantial award. In support of ...
The six-figure, interim sum sought by our clients - which was only a percentage of the estimated final award - was subsequently awarded by the Court. The sum was to be paid within 14 days – as opposed to the likely four to six months or more which could reasonably be anticipated for the full award to be realised.
Unlike in most other international jurisdictions, interim payments to account of awards of expenses are rarely sought in Scotland. The award in this action, similar to a small number of other awards in recent times, serve as a reminder to litigation solicitors in Scotland that such awards are perfectly competent and, indeed, should be sought when t...
Jonathan Brown, Advocate, Axiom Advocates, was instructed by Lindsays for Healthcare Environmental Services Limited. Joseph Madden of PMP (dilapidations) and Douglas Smith of DHS Consulting (utilities) were instructed by Lindsays in the action and were certified as expert witnesses.
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Pettigrew, Douglas G. – Age 82, of Parrsboro, and formerly of West Brook passed away peacefully on March 22, 2024 at the Cumberland Regional Health Care Centre, Amherst. Born in Springhill, he was a son of the late Richard and Margaret (Henwood) Pettigrew.
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