Inner House The defenders owned a grouse moor. There had been difficulties with the grouse population, and efforts over several years to restore them. The defenders sought to find a tenant. Negotiations were conducted with Mr Erskine, and an email was sent to him making what were now seen to be misleading representations about the grouse population. Mr Erskine formed a company, the pursuer, to take a lease. The pursuer sought reduction of the lease and damages because of the reduction. It was conceded on behalf of the respondents that the Lord Ordinary had erred in considering that the non-existence of the appellant at the time when the email was sent was necessarily an insuperable obstacle to the existence of a duty of care: it was accepted that in appropriate circumstances a duty of care could be owed to a class of persons, some of whom might not then be in existence. However the defenders asserted that no possible duty of care could be owed to the pursuers.
Held: Applying Caparo, no duty of care had been owed by the respondents to the appellant.
Judges:
Lord Marnoch
Citations:
[2011] ScotCS CSIH – 81, 2012 SC 240, 2012 GWD 1-11
Links:
Citing:
Appeal from – Cramaso Llp v Viscount Reidhaven’s Trustees SCS 11-May-2010
Outer House – The pursuer said that it had been misled into taking a lease of a grouse moor by the responders making a repesentation to Mr Erskine who had conducted negotiations, and then created the pursuer as a vehicle for the lease. He sought the . .
Cited – Caparo Industries Plc v Dickman and others HL 8-Feb-1990
Limitation of Loss from Negligent Mis-statement
The plaintiffs sought damages from accountants for negligence. They had acquired shares in a target company and, relying upon the published and audited accounts which overstated the company’s earnings, they purchased further shares.
Held: The . .
Cited by:
Appeal from – Cramaso Llp v Ogilvie-Grant, Earl of Seafield and Others SC 12-Feb-2014
The defenders owned a substantial grouse moor in Scotland. There had been difficulties with grouse stocks, and steps taken over years to allow stocks to recover. They had responded to enquiries from one Mr Erskine with misleading figures. Mr Erskine . .
Lists of cited by and citing cases may be incomplete.
Scotland, Negligence
Updated: 29 September 2022; Ref: scu.449779
