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Civil procedure – Form of action – Competency of action as framed. Court of Session: In an action in which the pursuers―three local authorities being named in instance but not designed separately but rather as the collective entity 'Tayside Contracts'―sought damages for an alleged breach of contract, and the defenders asked the court to dismiss the action as incompetent on the basis that 'Tayside Contracts' did not have an independent legal personality, the court held that the action as framed was competent and appropriate.
Civil procedure – Form of action – Competency of action as framed. Court of Session: In an action in which the pursuers―three local authorities being named in instance but not designed separately but rather as the collective entity 'Tayside Contracts'―sought damages for an alleged breach of contract, and the defenders asked the court to dismiss the action as incompetent on the basis that 'Tayside Contracts' did not have an independent legal personality, the court held that the action as framed was competent and appropriate.
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