AGRO INVEST OVERSEAS LIMITED AGAINST STEWART MILNE GROUP LIMITED AND AGRO INVEST OVERSEAS LIMITED AGAINST MORGAN ASSOCIATES AND AGRO INVEST OVERSEAS LIMITED AGAINST ROBERT TREMBATH T/A TREMBATH ASSOCIATES [2018] ScotCS CSOH_120 (18 December 2018)

AGRO INVEST OVERSEAS LIMITED AGAINST STEWART MILNE GROUP LIMITED AND AGRO INVEST OVERSEAS LIMITED AGAINST MORGAN ASSOCIATES AND AGRO INVEST OVERSEAS LIMITED AGAINST ROBERT TREMBATH T/A TREMBATH ASSOCIATES [2018] ScotCS CSOH_120 (18 December 2018)

Agro established, on unchallenged evidence, the existence of an oral agreement with CFW making it liable for repair costs, and the raising of these proceedings constituted relevant acknowledgement, preventing prescription of its obligation to CFW. Accordingly, Agro has suffered loss and has title and interest to sue. The claims against the defenders are not extinguished by prescription, as the loss was not suffered or discoverable more than five years before the actions were raised, and relevant acknowledgement or interruption applies. The court rejects the defenders' arguments on prescription and title and interest. No finding is made on the 25% share of the chapel not owned by Agro, as...

Citation
[2018] ScotCS CSOH_120
Parties
Pursuer: Agro Invest Overseas Limited; Defender: Stewart Milne Group Limited; Defender: Morgan Associates; Defender: Robert Trembath t/a Trembath Associates
Jurisdiction
Scotland
Judgment Date
18 December 2018
Procedural Posture
Commercial Construction Dispute (multiple Actions, Conjoined for Preliminary Proof) / Preliminary Proof Before Answer on Prescription, Title and Interest, and Waiver
Outcome
Actions proceed; prescription and title and interest defences repelled at this stage.
Legal Topics
Breach of Contract, Professional Negligence, Prescription (extinction of Obligations), Title and Interest to Sue, Relevant Acknowledgement, Agency
Construction Law Contract Law Delict/tort Prescription/limitation Breach of Contract Professional Negligence Prescription (extinction of Obligations) Title and Interest to Sue +2 more

Case Brief

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Parties

Agro Invest Overseas Limited

Pursuer

Stewart Milne Group Limited

Defender

Morgan Associates

Defender

Robert Trembath t/a Trembath Associates

Defender

Procedural Posture

Commercial Construction Dispute (multiple Actions, Conjoined for Preliminary Proof) / Preliminary Proof Before Answer on Prescription, Title and Interest, and Waiver

Legal Issues

  1. 1 Whether Agro Invest Overseas Limited has suffered loss and has title and interest to sue for alleged defects in property owned by a third party (CFW)
  2. 2 Whether any obligation owed by Agro to CFW has been extinguished by prescription
  3. 3 Whether any obligation owed by the defenders to Agro has been extinguished by prescription

Ratio Decidendi

Agro established, on unchallenged evidence, the existence of an oral agreement with CFW making it liable for repair costs, and the raising of these proceedings constituted relevant acknowledgement, preventing prescription of its obligation to CFW. Accordingly, Agro has suffered loss and has title and interest to sue. The claims against the defenders are not extinguished by prescription, as the loss was not suffered or discoverable more than five years before the actions were raised, and relevant acknowledgement or interruption applies. The court rejects the defenders' arguments on prescription and title and interest. No finding is made on the 25% share of the chapel not owned by Agro, as...

Court Disposition

Actions proceed; prescription and title and interest defences repelled at this stage.

Orders

  • Agro Invest Overseas Limited's actions against Stewart Milne Group Limited, Morgan Associates, and Robert Trembath t/a Trembath Associates are allowed to proceed.
  • Defenders' preliminary pleas on prescription and title and interest are repelled.