RICHARD SYRED AND ANOTHER AGAINST LADY CHRISTINE DE LA RUE AND ANOTHER [2020] ScotCS CSOH_65 (26 June 2020)

RICHARD SYRED AND ANOTHER AGAINST LADY CHRISTINE DE LA RUE AND ANOTHER [2020] ScotCS CSOH_65 (26 June 2020)

Specification in pursuers' pleadings is sufficient for delivery and damages claims; breach of clause 7.1 regarding water test certificate is admitted but waiver is fact-sensitive and cannot be resolved without proof; all issues require probation.

Citation
[2020] ScotCS CSOH_65
Parties
Pursuer: Richard Syred and another; Defender: Lady Christine De La Rue and another, as executors of the late David Ian Liddell-Grainger and others
Jurisdiction
Scotland
Judgment Date
26 June 2020
Procedural Posture
Civil Action (specific Implement, Damages, Declarator) / Preliminary Hearing on Relevancy and Specification; Interlocutor for Proof Before Answer
Outcome
Proof before answer ordered; all conclusions, averments and pleas-in-law standing; expenses reserved.
Legal Topics
Breach of Missives, Specific Implement, Waiver, Private Water Supply Compliance, Damages for Breach, Retention in Settlement
Property Law Contract Law Scottish Conveyancing Breach of Missives Specific Implement Waiver Private Water Supply Compliance Damages for Breach +1 more

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Parties

Richard Syred and another

Pursuer

Lady Christine De La Rue and another, as executors of the late David Ian Liddell-Grainger and others

Defender

Procedural Posture

Civil Action (specific Implement, Damages, Declarator) / Preliminary Hearing on Relevancy and Specification; Interlocutor for Proof Before Answer

Legal Issues

  1. 1 Whether pursuers' pleadings specify items for delivery with sufficient precision
  2. 2 Whether pursuers have pled breach of clause 7.1 regarding water supply quality and certificate
  3. 3 Whether pursuers waived defenders' obligation to exhibit water test certificate

Ratio Decidendi

Specification in pursuers' pleadings is sufficient for delivery and damages claims; breach of clause 7.1 regarding water test certificate is admitted but waiver is fact-sensitive and cannot be resolved without proof; all issues require probation.

Court Disposition

Proof before answer ordered; all conclusions, averments and pleas-in-law standing; expenses reserved.

Orders

  • Diet of proof before answer appointed.
  • All parties' averments and pleas-in-law to proceed to proof.