DICKIE & MOORE LTD v RONALD JAMES MCLEISH, MRS DIANE MCLEISH AND CATRIONA WATT AS TRUSTEES OF THE LAUREN MCLEISH DISCRETIONARY TRUST

[2020] CSIH 38, Inner House, Court of Session, Lord Menzies, Lord Drummond Young, Lord Malcolm, 30 June 2020

Adjudication – Lack of jurisdiction – Severance

The pursuer brought an action in order to enforce the decision of an adjudicator. However, it was held that a material part of the dispute described in the notice of adjudication had not crystallised before the notice had been served. The issue before the court was whether it was possible to sever the parts of the decision in respect of which the adjudicator did not have jurisdiction and enforce the rest of the decision. In the Outer House of the Court of Session, Lord Doherty held that severance was indeed possible. The defenders appealed against that finding but the appeal was dismissed by the Inner House of the Court of Session.