Enforcement - counterclaims - Scottish procedure

Outer House, Court of Session; opinion of Lord Malcolm; 25 May 2012

For Whyte: Mr Malone, solicitor advocate for McClure Naismith LLP

The facts

In 2006 Blyth & Blyth Consulting Engineers Ltd (‘Blyth’) was engaged by Whyte & Mackay Ltd (‘Whyte’) to provide design services including structural engineering design for a new bottling facility at Grangemouth, Scotland (‘the Contract’). During early 2011 Whyte notified a claim in damages alleging that Blyth’s design was defective and had resulted in settlement of the piling and foundations at the facility. Blyth denied the claim.