Ian Bain against Mrs Vera Moir (Sheriff Court Civil) [2025] SCELG 97 (29 September 2023)

Ian Bain against Mrs Vera Moir (Sheriff Court Civil) [2025] SCELG 97 (29 September 2023)

The defender breached clause 5.1 of the Scottish Standard Clauses by failing to disclose service or receipt of a neighbour notification notice regarding a planning application on adjacent land. The notice was lawfully served and presumed received. The breach caused a material diminution in value of the property, and the pursuer is entitled to compensation for the loss and pre-litigation legal fees.

Citation
[2025] SCELG 97
Parties
Pursuer: Ian Bain; Defender: Mrs Vera Moir
Jurisdiction
Scotland
Judgment Date
29 September 2023
Procedural Posture
Sheriff Court Civil / Judgment
Outcome
Defender found in breach of contract; pursuer's claim for diminution in value and pre-litigation legal fees upheld; claim for professional valuation fees refused.
Legal Topics
Breach of Warranty, Neighbour Notification, Diminution in Value, Disclosure Obligations, Planning Consent
Contract Law Property Law Planning Law Breach of Warranty Neighbour Notification Diminution in Value Disclosure Obligations Planning Consent

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Parties

Ian Bain

Pursuer

Mrs Vera Moir

Defender

Procedural Posture

Sheriff Court Civil / Judgment

Legal Issues

  1. 1 Whether defender breached contract by failing to disclose neighbour notification notice
  2. 2 Whether pursuer suffered loss as a direct and foreseeable consequence of breach

Ratio Decidendi

The defender breached clause 5.1 of the Scottish Standard Clauses by failing to disclose service or receipt of a neighbour notification notice regarding a planning application on adjacent land. The notice was lawfully served and presumed received. The breach caused a material diminution in value of the property, and the pursuer is entitled to compensation for the loss and pre-litigation legal fees.

Court Disposition

Defender found in breach of contract; pursuer's claim for diminution in value and pre-litigation legal fees upheld; claim for professional valuation fees refused.

Orders

  • Defender to pay pursuer £7,000 for diminution in value.
  • Defender to pay pursuer £6,252 for pre-litigation legal fees.