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.
ELMCROSS LIMITED (SC211806) (In Liquidation), a company incorporated under the Companies Acts with its registered office at Unit 6, The Altec Centre, Minto Drive, Altens, Aberdeen, AB12 3LW and CHARLES H. SANDS, Chartered Accountant, 11 Allardyce Street, Stonehaven, AB39 2BS as the liquidator thereof.
GEORGE HUGH MACKENZIE TAYLOR, residing at 51A Ashvale Place , Aberdeen , AB10 6QJ .
[2] Mr Artis, for the pursuers, addressed the court at length with a careful and comprehensive analysis of the pleadings and the defender's responsibilities to the company in terms of Common Law and the Companies Acts.
[7] At common law, the defender was liable to account to the company for any profits made as a result of the funds taken from the company. There were no averments by the defender to support any other position. There were no averments which were capable of setting up a position entitling the defender to set off the fruits of the project against his loan account.
[8] On the basis therefore of both the common law and statutory position he sought that the defender's plea-in-law No. 1 be repelled, that the pursuers' plea No. 7 be upheld and decree granted in terms of crave 1. As an alternative, the defender's pleadings commencing at line 142 of the Record and concluding at line 158 should be repelled.
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.