Margaret Taylor
A CONSULTANT at MacRoberts has failed to have a negligence claim against him thrown out after a Court of Session judge ruled that he had been provided with enough information to defend himself.
Jeffrey Dykes, who joined MacRoberts after his own firm, Dykes, Glass & Co, ceased trading in 2015, is being sued by the former owner of an Airdrie petrol station, car wash and shop that went into administration in 2010.
Sajjad Soofi, whose business, Bonafied Enterprises International, bought Airdrie Autopoint for £850,000 in 2008, is alleging that Mr Dykes was negligent in the advice he gave in relation to the acquisition.
Specifically, Mr Soofi claims that Mr Dykes did not ask the seller of the business to provide a warranty over the financial information she provided, which he alleges overstated the health of the business. Had the warranty been sought, he claims, either the seller would not have provided it and he would not have proceeded with the sale or, if the seller did provide it, he would now have a breach of warranty case against her.
Mr Dykes attempted to have the case thrown out on the basis that Mr Soofi had not forwarded information regarding how the business performed following the sale. This meant, Mr Dykes argued, that he was not given the full facts of the case against him and so could not prepare to defend it.
Lord Mulholland disagreed, noting that Mr Soofi has the potential to prove his case without having to rely on pre- and post-sale accounts. Mr Dykes “knows the case to be made against him and will not be taken by surprise at the proof”, he added.
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