D. MCLAUGHLIN AND SONS LIMITED AGAINST LINTHOUSE HOUSING ASSOCIATION LIMITED [2021] ScotSAC Civ 10 (28 January 2021)

D. MCLAUGHLIN AND SONS LIMITED AGAINST LINTHOUSE HOUSING ASSOCIATION LIMITED [2021] ScotSAC Civ 10 (28 January 2021)

The interlocutor did not dispose of the subject matter of the proceedings, as proof before answer was allowed for two substantial craves. Therefore, the decision is not final judgment and the proposed appeal is incompetent. Even if competent, the appeal does not meet the statutory test for permission as it raises no important point of principle or compelling reason.

Citation
[2021] ScotSAC Civ 10
Parties
Pursuer and Respondent: D. McLaughlin and Sons Limited; Defender and Applicant: Linthouse Housing Association Limited
Jurisdiction
Scotland
Judgment Date
28 January 2021
Procedural Posture
Application for Permission to Appeal / Sheriff Appeal Court Decision on Permission to Appeal to Court of Session
Outcome
Application for permission to appeal refused
Legal Topics
Appeals, Liquidated Damages, Contractual Interpretation, Competency of Appeal
Civil Procedure Contract Law Construction Law Appeals Liquidated Damages Contractual Interpretation Competency of Appeal

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Parties

D. McLaughlin and Sons Limited

Pursuer and Respondent

Linthouse Housing Association Limited

Defender and Applicant

Procedural Posture

Application for Permission to Appeal / Sheriff Appeal Court Decision on Permission to Appeal to Court of Session

Legal Issues

  1. 1 Whether the Sheriff Appeal Court's decision constitutes final judgment for purposes of appeal
  2. 2 Whether the applicant had contractual entitlement to withhold sums retained as liquidated damages
  3. 3 Whether permission to appeal should be granted under section 113 of the Courts Reform (Scotland) Act 2014

Ratio Decidendi

The interlocutor did not dispose of the subject matter of the proceedings, as proof before answer was allowed for two substantial craves. Therefore, the decision is not final judgment and the proposed appeal is incompetent. Even if competent, the appeal does not meet the statutory test for permission as it raises no important point of principle or compelling reason.

Court Disposition

Application for permission to appeal refused

Orders

  • Applicant found liable to respondent in expenses occasioned by the application