SCOTTISHPOWER ENERGY RETAIL LTD AGAINST EQUORIUM PROPERTY COMPANY LTD [2021] ScotCS CSOH_98 (01 October 2021)

SCOTTISHPOWER ENERGY RETAIL LTD AGAINST EQUORIUM PROPERTY COMPANY LTD [2021] ScotCS CSOH_98 (01 October 2021)

Clause 10 of the Letter of Variation is an express amendment to the Agreement, restricting joint and several liability to two specified parties and removing such liability from the defender; the pursuer's case is irrelevant and bound to fail.

Citation
[2021] ScotCS CSOH_98
Parties
Pursuer: ScottishPower Energy Retail Limited; Defender: Equorium Property Company Limited
Jurisdiction
Scotland
Judgment Date
01 October 2021
Procedural Posture
Commercial Action / Debate on Contractual Interpretation; Judgment
Outcome
Action dismissed
Legal Topics
Contractual Interpretation, Joint and Several Liability, Variation of Contract
Contract Law Commercial Law Contractual Interpretation Joint and Several Liability Variation of Contract

Case Brief

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Parties

ScottishPower Energy Retail Limited

Pursuer

Equorium Property Company Limited

Defender

Procedural Posture

Commercial Action / Debate on Contractual Interpretation; Judgment

Legal Issues

  1. 1 Whether the Letter of Variation amended the Agreement to remove joint and several liability from the defender
  2. 2 Construction of contract as amended by Letter of Variation

Ratio Decidendi

Clause 10 of the Letter of Variation is an express amendment to the Agreement, restricting joint and several liability to two specified parties and removing such liability from the defender; the pursuer's case is irrelevant and bound to fail.

Court Disposition

Action dismissed

Orders

  • First plea-in-law for the defender sustained
  • All questions of expenses reserved