GO Radio LTD against Endrick Escape LTD (Sheriff Court Civil) [2025] SCAIR 37 (03 June 2025)

GO Radio LTD against Endrick Escape LTD (Sheriff Court Civil) [2025] SCAIR 37 (03 June 2025)

The court found that the essential condition of the agreement was the respondent's right to cancel within 28 days for any reason, as expressly agreed with the claimant's agent. The claimant failed to prove that its standard terms and conditions were incorporated into the contract. The respondent exercised the cancellation right by email on 4 September 2023, effectively terminating the agreement. Therefore, the sums claimed for services after cancellation were not due.

Citation
[2025] SCAIR 37
Parties
Pursuer: GO Radio LTD; Defender: Endrick Escape LTD
Jurisdiction
Scotland
Judgment Date
03 June 2025
Procedural Posture
Civil / Judgment After Evidential Hearing
Outcome
Claim dismissed
Legal Topics
Contract Formation, Contract Cancellation, Incorporation of Terms, Commercial Advertising Agreements, Remedies for Breach of Contract
Contract Law Commercial Law Contract Formation Contract Cancellation Incorporation of Terms Commercial Advertising Agreements Remedies for Breach of Contract

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

GO Radio LTD

Pursuer

Endrick Escape LTD

Defender

Procedural Posture

Civil / Judgment After Evidential Hearing

Legal Issues

  1. 1 Whether the respondent was entitled to cancel the advertising agreement within 28 days as an essential condition of the contract
  2. 2 Whether the claimant's standard terms and conditions, including cancellation requirements, were incorporated into the agreement
  3. 3 Whether the respondent's cancellation was valid and effective

Ratio Decidendi

The court found that the essential condition of the agreement was the respondent's right to cancel within 28 days for any reason, as expressly agreed with the claimant's agent. The claimant failed to prove that its standard terms and conditions were incorporated into the contract. The respondent exercised the cancellation right by email on 4 September 2023, effectively terminating the agreement. Therefore, the sums claimed for services after cancellation were not due.

Court Disposition

Claim dismissed

Orders

  • The claim is dismissed.
  • A case management discussion on expenses is assigned for 30 June 2025 at 10am via Webex video conference.