A SCOTS couple who won a record £161 million jackpot on the EuroMillions lottery have been sued after pulling out of a deal to make lavish improvements to their mansion home.
Colin and Christine Weir, Britain's biggest lottery winners, promised when they scooped the jackpot to have "so much fun" and appeared to be true to their word when plans emerged for a luxury conservatory, pool-house and garden house worth £750,000 at their home in Largs, Ayrshire.
But their builders, York-based Oak Leaf Conservatories Limited, yesterday hit a snag in their High Court claim in which they accused the pair of "unlawfully repudiating contracts" for the design, manufacture and installation of the buildings.
Giving judgment in London, Mr Justice Stuart-Smith said the courts in England had no jurisdiction to decide the claim and told the company it would have to pursue the £290,000 case through Scottish courts if it wanted to take matters further.
The plans included a £320,000 greenhouse, a £47,000 semi-circular garden room and a £380,000 pool-house at the house in Largs, Ayshire which the couple bought with their winnings.
The couple, who have donated to the Yes Scotland campaign and have set up the Weir Foundation to fund good causes, later suspended work and attempted to cancel all the contracts, claiming to have "lost all confidence" in the builders.
Former TV cameraman Mr Weir, who once stood as an SNP candidate in a General Election, and his wife claimed they could only be sued in Scotland, because that is where they live, and have now succeeded in having the case against them struck out of the English High Court.
The judge said: "By these proceedings, Oak Leaf alleges that the Weirs unlawfully repudiated contracts which had been concluded for the design, manufacture and installation of a greenhouse, a semi-circular garden room and a pool-house for the Weirs' Ayrshire home."
Oak Leaf did not agree with the Weirs' geographical objection and fought the couple's bid to strike out its case.
The company said it did not "pursue" its activities in Scotland, nor "direct" activities to the country. Its only workshop is in York and it does not advertise specifically north of the border, it argued.
It also told the court it only carried out building work in Scotland if approached and had completed just two contracts there, and none in the seven years before it was contacted by the Weirs, who recently donated £750,000 to Partick Thistle to establish a youth academy.
Giving his ruling, the judge continued: "While I accept that the primary focus of Oak Leaf's business may be in England and that most of the business it had obtained historically has been in England, it is apparent from its websites and its overall activity that Oak Leaf was envisaging doing business with consumers domiciled in Scotland.
"I therefore conclude that Oak Leaf pursues commercial activities in Scotland and directs its activities to Scotland. These proceedings may therefore only be brought against the Weirs in the courts of Scotland."
Oak Leaf can now begin legal process again in Scotland. Nobody from the company was available to comment on whether that would happen.
A spokeswoman for the Weirs said: "The Weirs are pleased that the case has been thrown out of the court in England.
"If this firm decides to raise a further action in Scotland it will be defended fully and vigorously."
The Weirs, who have gained a reputation for generosity to deserving causes, helped refurbish the facilities at the National Sports Training Centre in their hometown as well as the ground of Largs Thistle junior football club.
They already sponsor 15-year-old Ross Wilson to attend the tennis academy in Barcelona where Andy Murray studied.
l One ticket holder scooped last night's £12.8 million EuroMillions jackpot with the numbers 9, 10, 30, 32, 37 and lucky stars two and six. There was also a UK Millionaire Raffle winners with the code KLM669739
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