STV Central Ltd v Semple Fraser LLP & Anor [2015] ScotCS CSIH_35 (12 May 2015)

STV Central Ltd v Semple Fraser LLP & Anor [2015] ScotCS CSIH_35 (12 May 2015)

The majority held that the defender's pleadings were sufficient to allow proof before answer on both contractual and delictual duties, as the averments supported a case that CBRE, as part of a professional team, was asked to advise on the RPI clause and failed to identify the error, potentially causing or contributing to STV's loss. The test for irrelevancy was not met, and the case should proceed to proof.

Citation
[2015] ScotCS CSIH_35
Parties
Pursuer: STV Central Limited; Defender and Reclaimer: Semple Fraser LLP (in liquidation); Third Party and Respondent: CBRE Limited
Jurisdiction
Scotland
Judgment Date
12 May 2015
Procedural Posture
Reclaiming Motion (appeal) in Professional Negligence / Contribution Proceedings / Appeal Against Dismissal of Third Party Claim; Interlocutor of 9 May 2014 Recalled; Proof Before Answer Allowed
Outcome
Reclaiming motion allowed; interlocutor of 9 May 2014 recalled; proof before answer allowed against the third party; cause remitted to the Lord Ordinary to proceed as accords.
Legal Topics
Contribution Between Wrongdoers, Professional Duties of Care, Implied Contractual Terms, Assumption of Responsibility, Causation and Reliance, Section 3(2) Law Reform (miscellaneous Provisions) (scotland) Act 1940
Professional Negligence Contract Law Delict (tort) Civil Procedure Contribution Between Wrongdoers Professional Duties of Care Implied Contractual Terms Assumption of Responsibility +2 more

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 3 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

STV Central Limited

Pursuer

Semple Fraser LLP (in liquidation)

Defender and Reclaimer

CBRE Limited

Third Party and Respondent

Procedural Posture

Reclaiming Motion (appeal) in Professional Negligence / Contribution Proceedings / Appeal Against Dismissal of Third Party Claim; Interlocutor of 9 May 2014 Recalled; Proof Before Answer Allowed

Legal Issues

  1. 1 Whether the defender (Semple Fraser LLP) pled a relevant and specific case against the third party (CBRE Limited) for contribution under section 3(2) of the 1940 Act
  2. 2 Whether CBRE owed contractual or delictual duties to STV Central Limited regarding the rent review clause
  3. 3 Whether breach of such duties by CBRE caused or contributed to STV's loss

Ratio Decidendi

The majority held that the defender's pleadings were sufficient to allow proof before answer on both contractual and delictual duties, as the averments supported a case that CBRE, as part of a professional team, was asked to advise on the RPI clause and failed to identify the error, potentially causing or contributing to STV's loss. The test for irrelevancy was not met, and the case should proceed to proof.

Court Disposition

Reclaiming motion allowed; interlocutor of 9 May 2014 recalled; proof before answer allowed against the third party; cause remitted to the Lord Ordinary to proceed as accords.

Orders

  • Recall of interlocutor dated 9 May 2014
  • Allow proof before answer between defender and third party