Marine & Offshore (Scotland) Ltd v Hill and others

Civil procedure – Commercial action – Fraudulent scheme – Pleadings. Court of Session: Allowing a reclaiming motion in an action in which a commercial judge sustained the second and third defenders' pleas to the relevancy of the pursuers' averments and dismissed the action in so far as directed against them, the court discussed the level of specification required in a commercial action which averred fraud and resultant loss and concluded that there were sufficient averments of a fraudulent scheme to deprive the pursuers of funds with the intention that each defender make an illegitimate profit, and that it could not be said that if the pursuers proved their averments of loss they were bound to fail.

Category: