THE SCOTTISH MINISTERS AGAINST SCOT ROADS PARTNERSHIP PROJECT LTD AND OTHERS [2022] ScotCS CSOH_19 (17 February 2022)

THE SCOTTISH MINISTERS AGAINST SCOT ROADS PARTNERSHIP PROJECT LTD AND OTHERS [2022] ScotCS CSOH_19 (17 February 2022)

Post-contractual conduct is irrelevant to construction of Clause SIXTH as no genuine ambiguity exists; third party averments lack sufficient detail to be relevant under section 9 of the 1985 Act; both sets of averments are excluded from probation.

Citation
[2022] ScotCS CSOH_19
Parties
Pursuer: The Scottish Ministers; First Defender: Scot Roads Partnership Project Ltd; Second Defender: Ferrovial Construction (UK) Limited; Third Defender: Lagan Construction Group Limited (in administration)
Jurisdiction
Scotland
Judgment Date
17 February 2022
Procedural Posture
Commercial Action / Debate on Relevancy of Averments Prior to Proof Before Answer
Outcome
Averments excluded from probation; pleas-in-law for pursuers sustained; by order hearing fixed for further procedural matters.
Legal Topics
Contract Interpretation, Rectification, Waiver of Claims, Third Party Interests
Contract Law Commercial Law Contract Interpretation Rectification Waiver of Claims Third Party Interests

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Parties

The Scottish Ministers

Pursuer

Scot Roads Partnership Project Ltd

First Defender

Ferrovial Construction (UK) Limited

Second Defender

Lagan Construction Group Limited (in administration)

Third Defender

Procedural Posture

Commercial Action / Debate on Relevancy of Averments Prior to Proof Before Answer

Legal Issues

  1. 1 Whether post-contractual conduct is relevant to construction of contract terms
  2. 2 Whether averments about third parties affected by rectification are relevant

Ratio Decidendi

Post-contractual conduct is irrelevant to construction of Clause SIXTH as no genuine ambiguity exists; third party averments lack sufficient detail to be relevant under section 9 of the 1985 Act; both sets of averments are excluded from probation.

Court Disposition

Averments excluded from probation; pleas-in-law for pursuers sustained; by order hearing fixed for further procedural matters.

Orders

  • Sixth and eighth pleas-in-law for pursuers sustained
  • Averments regarding post-contractual conduct and third party interests excluded from probation