Royal & Sun Alliance Insurance v Wyman-Gordon Ltd [2001] ScotCS 227 (8 October 2001)

Royal & Sun Alliance Insurance v Wyman-Gordon Ltd [2001] ScotCS 227 (8 October 2001)

The dispositive clause of the McConnell Disposition contained a bounding description by express reference to the Morrison Disposition, which was itself a bounding title. This excluded the Morrison Strip from the subjects conveyed, regardless of the plan or measurements. Therefore, McConnell did not suffer partial eviction from land it never acquired, and the pursuers' claim for damages under the warrandice clause was irrelevant.

Citation
[2001] ScotCS 227
Parties
Pursuer: Royal & Sun Alliance Insurance; Defender: Wyman-Gordon Limited
Jurisdiction
Scotland
Judgment Date
08 October 2001
Procedural Posture
Civil / Outer House, Court of Session – Decision on Relevancy (plea in Law)
Outcome
Action dismissed
Legal Topics
Bounding Titles, Warrandice, Partial Eviction, Interpretation of Title Deeds
Property Law Conveyancing Bounding Titles Warrandice Partial Eviction Interpretation of Title Deeds

Case Brief

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Parties

Royal & Sun Alliance Insurance

Pursuer

Wyman-Gordon Limited

Defender

Procedural Posture

Civil / Outer House, Court of Session – Decision on Relevancy (plea in Law)

Legal Issues

  1. 1 Whether the McConnell Disposition conveyed the Morrison Strip to McConnell
  2. 2 Whether the description in the McConnell Disposition constituted a bounding description excluding the Morrison Strip
  3. 3 Whether the pursuers could claim damages for partial eviction under the warrandice clause

Ratio Decidendi

The dispositive clause of the McConnell Disposition contained a bounding description by express reference to the Morrison Disposition, which was itself a bounding title. This excluded the Morrison Strip from the subjects conveyed, regardless of the plan or measurements. Therefore, McConnell did not suffer partial eviction from land it never acquired, and the pursuers' claim for damages under the warrandice clause was irrelevant.

Court Disposition

Action dismissed

Orders

  • Defenders' first plea-in-law upheld
  • Action dismissed