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Actions of Accounting – Count, Reckoning and Payment in Scotland. in. lindsays.co.uk lindsays. Edinburgh I Glasgow I Dundee This document is for information and is not a comprehensive of the law @ Lindsays 2018 Edinburgh I Glasgow I Dundee This document is for information only and is not a comprehensive statement of the law Lindsays 2019 ...
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The law provides a remedy to beneficiaries in the form of an action of count, reckoning and payment (commonly “an action of accounting” or simply “an accounting”). The executors are called on to account for their intromissions with the deceased’s estate.
- Remote Hearings
- Proof by Electronic Means
- Nobile Officium
- Approbate and Reprobate
- Count, Reckoning and Payment
- Prescription
- Several Defenders
- Pleadings
- Appeal to Sheriff Appeal Court
- Judicial Expenses
The SCJC consultation concluded on 15 November and many of the responses have been published on its website. The overall feeling seems to be that the proposals go too far too fast. Remote hearings for some procedural and administrative business would be perfectly acceptable, if not preferable, in future, but a vast majority of responses share conce...
An interesting example of how evidence was heard in one case can be seen in Boyle v Greater Glasgow & Clyde Health Board [2021] SC GLW 62(4 June 2021). “Of consent, the proof was conducted remotely via WebEx, with all parties participating simultaneously, by electronic means, from various remote locations under the control of the court... In advanc...
The nobile officium is the exceptional and rarely exercised equitable power of the Court of Session to prevent an injustice or to provide a remedy where none exists. Mayor and Burgesses of the London Borough of Lambeth and Medway Council, Petrs [2021] CSIH 59 (21 September 2021) was one of a number of petitions to the nobile officium by English loc...
Under the doctrine of approbate and reprobate a party may not both accept and reject a contract. The test for approbation is high. As Erskine puts it, “the approbatory acts must be so strong and express, that no reasonable construction can be put on them, other than that they were performed by the party from his approbation of the deed homologated”...
In Journal, July 2021, 28 at 29, Lindsay Foulis included the case of Herberstein v TDR Capital General Partnership [2021] CSOH 64 in which Lord Ericht outlined the procedural structure of actions of count, reckoning and payment. In Gray v John Cape t/a Briggate Investments [2021] SAC (Civ) 32(18 October 2021) the Sheriff Appeal Court gave an even m...
The law about prescription continues to cause worries for parties and their advisers. In GGHB v Multiplex Construction Europe Ltd [2021] CSOH 115(5 November 2021), shortly before the expiry of the five year period the pursuers sued four separate defenders for £72.8 million for losses arising from the construction of the Queen Elizabeth University H...
When a party has a claim against several defenders, does settlement with one of them preclude any further action against the rest? Two recent cases – very different in their facts and circumstances – produced different results, and the possibility of an appeal to the Supreme Court may be lurking. This is not the place for a detailed exposition of t...
I do not apologise for highlighting once again the topic of written pleadings. Cases keep cropping up in which pleadings cause problems for parties and the courts. The benefit of simple, clear and coherent expression of the essence of a case and defence in writing helps everyone. This could not be illustrated more forcefully than in Donnelly v Sout...
There was a timely reminder of what can and cannot be appealed to the Sheriff Appeal Court in McMaster v McMaster [2021] SAC (Civ) 31 (11 October 2021), a family action with multiple craves. The sheriff made a decision on various matters at a procedural hearing and the pursuer purported to appeal. Referring to s 110 of the Courts Reform (Scotland) ...
A significant matter regarding judicial expenses was authoritatively decided by the Inner House in Cabot Financial (UK) v Weir [2021] CSIH 64(30 November 2021), an appeal from the Sheriff Appeal Court. The question was whether a “success fee” could be recovered from an opponent as judicial expenses in a judicial account charged on an agent/client, ...
The appellants submit that the cause of action accrued on 3 June 2011 and that long-standing authority establishes a rule which directs that the day of accrual of the cause of action should be excluded from the reckoning of time in all cases (“the rule”).
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Conclusion or crave for count, reckoning and payment. by Practical Law Dispute Resolution Opens in a new window. An example of a conclusion or crave for count, reckoning and payment in either the Court of Session or sheriff court.
Apr 30, 2021 · This may be because the creditor's property or money is being controlled by the other party. The appropriate remedy is to raise an action of accounting (which was traditionally known as an action of count, reckoning and payment). Which parties have a duty to account?
Apr 30, 2021 · The appropriate remedy is to raise an action of accounting (which was traditionally known as an action of count, reckoning and payment). Which parties have a duty to account? A duty to...
