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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Gillespie Investments Ltd v Gillespie [2012] ScotCS CSIH_42 (27 April 2012)
URL: http://www.bailii.org/scot/cases/ScotCS/2012/2012CSIH42.html
Cite as: [2012] ScotCS CSIH_42
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FIRST DIVISION, INNER HOUSE, COURT OF SESSION
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Lord PresidentLord CarlowayLord Kingarth
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[2012] CSIH 42CA165/08
OPINION OF THE COURT
delivered by LORD CARLOWAY
in the reclaiming motion
in causa
GILLESPIE INVESTMENTS LTD.,
Pursuers and Respondents;
against
JOHN McLEAN THOMSON GILLESPIE
Defender and Reclaimer:
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Act: Ferguson, Q.C., Simpson; Semple Fraser LLP (Pursuers and Respondents)
Alt: Moynihan, Q.C., McIlvride; Anderson Fyfe LLP (Defender and Reclaimer)
27 April 2012
[1] This Opinion requires to be read in
conjunction with that delivered today in the related action by the pursuers
against the defender's father, namely Thomas Graham Gillespie. It is not now
disputed that, prior to the sale of the whole share capital of the pursuers by
the defender's father and his father's brothers on 12 May 2006, the defender,
who was a director of the pursuers, misappropriated from the pursuers funds
totalling £326,304.26. The Commercial Judge granted decree in favour of the
pursuers for one quarter of that sum. Although, in terms of the Opinion in the
related action, the court does not agree with the Commercial Judge's reasoning
in reaching the conclusion that there ought to be decree for only that quarter
share, for the reasons given in that Opinion, it refuses the reclaiming motion and
the cross reclaiming motion and adheres to the interlocutor of the Commercial
Judge dated 22 June 2011.