CSC Braehead Leisure Ltd & Anor v Laing O'Rourke Scotland Ltd [2008] ScotCS CSOH_152 (29 September 2008)

CSC Braehead Leisure Ltd & Anor v Laing O'Rourke Scotland Ltd [2008] ScotCS CSOH_152 (29 September 2008)

The declarator as amended accurately reflected the contractual position, including the exception for written agreement between the parties. There was no legal impediment to seeking a declarator in the negative. The amendment cured the defect, and the declarator would not have the restrictive effects suggested by the defenders.

Citation
[2008] ScotCS CSOH_152
Parties
Pursuer: CSC Braehead Leisure Limited; Pursuer: Capital & Regional (Braehead) Limited; Defender: Laing O'Rourke Scotland Limited
Jurisdiction
Scotland
Judgment Date
29 September 2008
Procedural Posture
Commercial Action / Supplementary Opinion Following by Order Hearing
Outcome
Declarator granted as amended. Defenders found liable in expenses prior to By Order hearing; liability for By Order hearing expenses restricted to one-half.
Legal Topics
Adjudicator's Decision Enforcement, Declarator, Contractual Interpretation, Expenses
Construction Law Contract Law Adjudicator's Decision Enforcement Declarator Contractual Interpretation Expenses

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Parties

CSC Braehead Leisure Limited

Pursuer

Capital & Regional (Braehead) Limited

Pursuer

Laing O'Rourke Scotland Limited

Defender

Procedural Posture

Commercial Action / Supplementary Opinion Following by Order Hearing

Legal Issues

  1. 1 Whether the declarator sought by the pursuers accurately reflected the contractual position regarding the binding nature of the Adjudicator's decision and exceptions thereto
  2. 2 Whether the declarator could be competently cast in the negative
  3. 3 Appropriateness of awarding expenses

Ratio Decidendi

The declarator as amended accurately reflected the contractual position, including the exception for written agreement between the parties. There was no legal impediment to seeking a declarator in the negative. The amendment cured the defect, and the declarator would not have the restrictive effects suggested by the defenders.

Court Disposition

Declarator granted as amended. Defenders found liable in expenses prior to By Order hearing; liability for By Order hearing expenses restricted to one-half.

Orders

  • Declarator granted in terms of Conclusion 1 as amended to include reference to written agreement between parties.
  • Defenders liable for pursuers' expenses of process prior to 29 September 2008.