Minevco Ltd v Barratt Southern Ltd [1999] ScotCS 7 (8 January 1999)

Minevco Ltd v Barratt Southern Ltd [1999] ScotCS 7 (8 January 1999)

The action cannot be disposed of without inquiry into the material facts, including the context of the parties' dealings and contractual variations; it is inappropriate to dismiss the action at this stage as the construction of the lease and the effect of the parties' conduct require factual determination.

Citation
[1999] ScotCS 7
Parties
Pursuer: Minevco Limited; Defender: Barratt Southern Limited
Jurisdiction
Scotland
Judgment Date
08 January 1999
Procedural Posture
Commercial Lease Dispute / Interlocutory; Decision on Relevancy and Allowance of Proof Before Answer
Outcome
Proof before answer allowed; action not dismissed
Legal Topics
Construction of Lease Obligations, Variation and Waiver of Contract Terms, Personal Bar (estoppel), Remedies for Breach of Contract
Contract Law Property Law Landlord and Tenant Construction of Lease Obligations Variation and Waiver of Contract Terms Personal Bar (estoppel) Remedies for Breach of Contract

Case Brief

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Parties

Minevco Limited

Pursuer

Barratt Southern Limited

Defender

Procedural Posture

Commercial Lease Dispute / Interlocutory; Decision on Relevancy and Allowance of Proof Before Answer

Legal Issues

  1. 1 Whether defenders are in breach of contractual obligation to use best endeavours to erect buildings as permitted by planning authority under the lease
  2. 2 Whether time limits for performance under the lease have been varied or waived
  3. 3 Whether the defenders are personally barred from denying obligation under the lease as varied by conduct

Ratio Decidendi

The action cannot be disposed of without inquiry into the material facts, including the context of the parties' dealings and contractual variations; it is inappropriate to dismiss the action at this stage as the construction of the lease and the effect of the parties' conduct require factual determination.

Court Disposition

Proof before answer allowed; action not dismissed

Orders

  • Allow parties a proof before answer of their whole respective averments
  • Case to be put out By Order for discussion of preparations for proof