Thomas Dagg & Son Ltd & Anor v Dickensian Property Co Ltd [2005] ScotSC 7 (20 January 2005)

Thomas Dagg & Son Ltd & Anor v Dickensian Property Co Ltd [2005] ScotSC 7 (20 January 2005)

The defenders are liable for their share of the cost of necessary repairs to common property as the works were necessary, the pursuers had title and interest to sue, agency issues did not absolve liability, and the amendment to separate claims was properly allowed; the appeal is refused.

Citation
[2005] ScotSC 7
Parties
Pursuer: Thomas Dagg & Sons Limited; Pursuer: Taycove Ltd; Defender: Dickensian Property Co Ltd
Jurisdiction
Scotland
Judgment Date
20 January 2005
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
Appeal refused; interlocutors adhered to.
Legal Topics
Common Property Repairs, Agency, Title to Sue, Company Law—authority, Amendment of Pleadings
Property Law Civil Procedure Common Property Repairs Agency Title to Sue Company Law—authority Amendment of Pleadings

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Parties

Thomas Dagg & Sons Limited

Pursuer

Taycove Ltd

Pursuer

Dickensian Property Co Ltd

Defender

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the defenders are liable for a share of costs for necessary repairs to common property
  2. 2 Whether the action was raised and pursued without authority
  3. 3 Whether the works constituted necessary repairs or improvements

Ratio Decidendi

The defenders are liable for their share of the cost of necessary repairs to common property as the works were necessary, the pursuers had title and interest to sue, agency issues did not absolve liability, and the amendment to separate claims was properly allowed; the appeal is refused.

Court Disposition

Appeal refused; interlocutors adhered to.

Orders

  • Defenders and appellants found liable to the pursuers and respondents in the expenses occasioned by the appeal.
  • Remit to the auditor of court to tax the account of expenses and report.