Andrew Robert Lang and Francine Montgomery Lang against Jamie Rowatt & Laura Rowatt (Sheriff Court Civil) [2025] SCAIR 14 (03 March 2025)

Andrew Robert Lang and Francine Montgomery Lang against Jamie Rowatt & Laura Rowatt (Sheriff Court Civil) [2025] SCAIR 14 (03 March 2025)

The court found that the contract, as evidenced by the GLP letter and subsequent variations, was entered into by the pursuers, the defenders, and Kingston, and that the defenders were personally liable jointly and severally with Kingston. The defenders breached the contract by failing to deliver the property and pay the agreed sum. The pursuers are entitled to damages representing the value of the property and cash agreed in the final variation, with interest.

Citation
[2025] SCAIR 14
Parties
Pursuer: Andrew Robert Lang; Pursuer: Francine Montgomery Lang; First Defender: Jamie Rowatt; Second Defender: Laura Rowatt
Jurisdiction
Scotland
Judgment Date
03 March 2025
Procedural Posture
Civil / Judgment After Proof
Outcome
Decree for the pursuers
Legal Topics
Breach of Contract, Joint and Several Liability, Damages, Interpretation of Contracts, Variation of Contract
Contract Law Civil Procedure Breach of Contract Joint and Several Liability Damages Interpretation of Contracts Variation of Contract

Case Brief

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Parties

Andrew Robert Lang

Pursuer

Francine Montgomery Lang

Pursuer

Jamie Rowatt

First Defender

Laura Rowatt

Second Defender

Procedural Posture

Civil / Judgment After Proof

Legal Issues

  1. 1 Whether the defenders and Kingston Residential Investments Limited were jointly and severally liable to the pursuers for repayment of sums advanced under a contract and its variations
  2. 2 Whether the contract was with the defenders personally or solely with Kingston
  3. 3 Whether the pursuers are entitled to damages for breach of contract

Ratio Decidendi

The court found that the contract, as evidenced by the GLP letter and subsequent variations, was entered into by the pursuers, the defenders, and Kingston, and that the defenders were personally liable jointly and severally with Kingston. The defenders breached the contract by failing to deliver the property and pay the agreed sum. The pursuers are entitled to damages representing the value of the property and cash agreed in the final variation, with interest.

Court Disposition

Decree for the pursuers

Orders

  • Defenders found jointly and severally liable to the pursuers in the sum of £270,000 with interest at 8% per annum from the date of citation until payment.
  • Defenders found liable in the expenses of the action as taxed, with account remitted to the auditor of court to tax and report.