Generate a structured brief — facts, issues, held, reasoning, and significance — for this case in seconds. Or browse the verbatim judgment via the source links below.
[4 ] It is against that historical narrative that the pleadings are developed. It is necessary to look in detail at the averments of the pursuer in article 10 to article 23 of condescendence as it is in these articles that the pursuer attempts to found the various cases pled against the defender. It is these articles which were the subject of criticism by senior counsel for the defender.
[5 ] In article 10 of condescendence, the pursuer makes averments that the defender is and at all material times has been part of the Lloyds TSB banking group. Detailed averments are made about letters from the pursuer's solicitors (Halliwell Landau) to a branch and various departments of Lloyds TSB which included copies of orders made in the English High Court in relation to Mr and Mrs Burns and the misappropriated monies. Averments are then made about correspondence from the defender's Mr Cunningham to Halliwell Landau in a letter dated 4 July 2002 in which it is stated:
"We are aware of the circumstances you have referred to in your letter. However, I can confirm that we have now complied with the Court Order and marked our records accordingly ..."
[8 ] Article 13 of condescendence sets out averments about the history in the English High Court of applications made by the pursuer for charging orders against Mr Burns' Bonds and Mr Burns' Unit Trust. It is averred that although interim charging orders were made on 14 October 2002 , copies were not served on the defender until late December 2002 by letter dated 23 December 2002 , sent to the defender's offices in Edinburgh . I might usefully comment at this stage that, by that date, the events complained of in article 19 of condescendence had occurred.
[9 ] Article 14 of condescendence deals with a new matter. The pursuer avers that in a letter dated 17 October 2002 from Mr and Mrs Burns to the defender and signed by both of them, Mr and Mrs Burns instructed the defender in terms of the letter. The terms of the letter are incorporated into the pleadings and are to be found at 6/36 of process. This is referred to by the pursuer as "the authority letter".
Auto-extracted from BAILII. Full structured brief in progress — the source links below give you the verbatim judgment in the meantime.
Multiple official and mirror sources — pick whichever loads cleanly on your network.
Common Room
0 comments · About the Common Room →
No comments yet — start the discussion.
Voted-best comments help future students and feed Caselaw's AI study tools.