Outer house case concerning the interpretation of conditional missives and a purification letter relating to the sale of property at Great Junction Street in Leith. The missives were conditional on the results of ground and site examinations and environmental audits. Clause 3.2 allowed for the purchasers to waive the conditions by giving a notice of deemed purification: "This Condition 3 shall be construed solely for the benefit of the Purchasers and it shall be in the so ...
|
Two Outer House cases in which Cheshire Mortgage and Blemain Finance (connected companies) were the victims of a mortgage fraud and sought to sue the solicitors instructed by the fraudsters (the banks had instructed separate solicitors) for breach of warranty of authority. In each case the fraudsters had pretended to be persons owning property which they were seeking to use as security for a loan (of £355,000 in one case and £203,000 in the other). They had been able t ...
|
Outer House case considering the interpretation of missives between two builders for the sale of land at Broomhouse in Glasgow. The land was to be sold by Bellway to Persimmon for £4.16m. Bellway were to undertake works before the sale and the date of entry was tied to Bellway’s completion of the sellers works (which involved the upgrading of a road and construction of a roundabout). Condition 10 of the missives made provision for completion of the works and included a longs ...
|
Outer House case relating to an agreement for lease of subjects at the Maxim office park in North Lanarkshire. Tritax were owners of the development and Regus were to take a lease of part of the development. Monies were to be made available to Regus in respect of its fit out costs as an incentive. Regus did not meet qualifying criteria for type of tenant to whom parts of the development could be let imposed by the sale agreement and so HUB (a company created to run the restaurant and ...
|
Inner House case considering whether a contractual clause constituted a penalty and was therefore unenforceable. The clause in question was contained in an agreement between Stewart Milne Group, Bett Limited and Stewart and Robert Hill which related to the development of two sites in Wishaw. Basically, the agreement provided that Stewart Milne and Bett would install sewerage and surface water drainage systems at the site they were developing which the Hills would be able to connect th ...
|
Two related cases in which guarantors under personal guarantees sought to avoid liability under the guarantees and also to avoid sequestration as a result of the guarantees being called up. The Royal Bank of Scotland was the creditor in both cases. The guarantors applied for an interim interdict to prevent the Bank obtaining sequestration. The Royal Bank had loaned sums to two companies of which the guarantors were directors. The guarantors claimed that a Bank employee had made repres ...
|
Case considering duties owed by the parties to a joint venture to each other. Thomas Barr entered into a joint venture with Hawkhill to purchase and resell Omne House (an office building at Riverside Park in Irvine). Hawkhill, which was controlled by a Mr Gilchrist, sold Omne house to Fearann of which Mr Gilchrist was a director along with his wife (who also owned all of the shares). Fearann was not a party to the joint venture. In response to Mr Barr’s claims for payment of hal ...
|
The defenders were a company who purchased and resold land for development. They had collaborated with the pursuers to identify potential vendors for the defenders’ land. The two parties had entered into an agreement to regulate their relationship, signed in June and July 2005. A dispute subsequently arose between the parties in relation to the treatment of VAT due on payments made under this agreement, and in this action, the defenders sought to have the agreement rectified. In esto, th ...
|
In this action, the pursuers made a claim for payment against the defender on the basis that he had entered into a personal guarantee in favour of the pursuers in support of a company, Glam Leisure Limited, of which he was a director. The defender accepted that he had signed the document purporting to be a personal guarantee. The question at issue was the proper construction of the document.It was submitted for the defender that he had made clear to the pursuers that he did not want to trade wit ...
|
In this Stated Case on points of law arising from arbitration proceedings, brought under section 3 of the Administration of Justice (Scotland) Act 1972, the respondents had been granted a servitude in relation to pipelines running between two of their installations. The land of the tenement under the grant of servitude had been latterly acquired by the reclaimers. The dispute between the parties related to the proper interpretation and application of a certain clause in the grant of servitude be ...
|
| 1 2 3 4 5 6 7 8 9 10 |