STV Central Ltd v CBRE Ltd [2014] ScotCS CSOH_82 (09 May 2014)

STV Central Ltd v CBRE Ltd [2014] ScotCS CSOH_82 (09 May 2014)

CBRE did not owe a contractual or delictual duty of care to STV regarding the RPI formula, did not assume responsibility for advice on the formula, and there was no evidence of reliance by STV on CBRE's advice; therefore, the defender's claim for contribution against CBRE is irrelevant and must be dismissed.

Citation
[2014] ScotCS CSOH_82
Parties
Pursuer: STV Central Ltd; Defender: Semple Fraser LLP; Third Party: CBRE Limited
Jurisdiction
Scotland
Judgment Date
09 May 2014
Procedural Posture
Professional Negligence/contribution Claim / Procedure Roll (motion to Dismiss Third Party Claim)
Outcome
Claim against the third party dismissed
Legal Topics
Contributory Negligence, Assumption of Responsibility, Duty of Care, Contractual Liability
Professional Negligence Contract Law Tort/delict Contributory Negligence Assumption of Responsibility Duty of Care Contractual Liability

Case Brief

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Parties

STV Central Ltd

Pursuer

Semple Fraser LLP

Defender

CBRE Limited

Third Party

Procedural Posture

Professional Negligence/contribution Claim / Procedure Roll (motion to Dismiss Third Party Claim)

Legal Issues

  1. 1 Whether CBRE owed a contractual or delictual duty of care to STV regarding the RPI formula in the lease
  2. 2 Whether CBRE assumed responsibility to STV for advice on the RPI formula
  3. 3 Whether the defender's claim for contribution against CBRE is relevant under section 3(2) of the Law Reform (Contributory Negligence) (Scotland) Act 1940

Ratio Decidendi

CBRE did not owe a contractual or delictual duty of care to STV regarding the RPI formula, did not assume responsibility for advice on the formula, and there was no evidence of reliance by STV on CBRE's advice; therefore, the defender's claim for contribution against CBRE is irrelevant and must be dismissed.

Court Disposition

Claim against the third party dismissed

Orders

  • Dismissal of the defender's claim for contribution against CBRE Limited