MRK1 Limited v. (1) Mohammed Zahir Sakur and Suneia Momade and (2) the firm of Sara Properties [2011] CSOH 34

In this action, the pursuers sought implementation of missives, which the parties had entered into in 2008, for the purchase of subjects at Dens Road Market, Dundee. The pursuers sought payment of the purchase price from the defenders, totalling the sum of £1,550,000. The defenders denied their liability to implement the missives, on the grounds that they had been induced to enter into the contract through the fraud of the pursuers and others.

Following the defenders' difficulties in lodging appropriate written defences through various sets of agents, the pursuers had had various awards of expenses successfully granted. These awards of expenses remained outstanding and arrestment was sought. The defenders argued before the Lord Ordinary that such arrestment orders prevented them having sufficient funds to instruct their solicitors to investigate their case and prepare defences to the claim on its merits. It was argued in this motion that the defenders would have to withdraw from the action, unless the arrestment order was recalled.

This motion for recall of the arrestment was refused by the Lord Ordinary on the ground that it would prejudice the pursuers' enforcement of their expenses to date, and in any event, recall of the arrestment would lead to further delay, in circumstances in which the defenders had already had ample opportunity to state their defences. Motion refused.