ASHTENNE CALEDONIA LTD AGAINST DENNY ENTERPRISES INT'L LTD [2023] ScotCS CSOH_20 (08 March 2023)

ASHTENNE CALEDONIA LTD AGAINST DENNY ENTERPRISES INT'L LTD [2023] ScotCS CSOH_20 (08 March 2023)

The court held that the reporter was correct in his interpretation that item 4.1 of the Scott Schedule did not establish a breach of statutory obligation by the defender, and that the burden of proof lay with the pursuer. The objection was therefore repelled.

Citation
[2023] ScotCS CSOH_20
Parties
Pursuer: Ashtenne Caledonia Limited; Defender: Denny Enterprises Int'l Limited
Jurisdiction
Scotland
Judgment Date
08 March 2023
Procedural Posture
Commercial Dilapidations Claim / Opinion Following Objections to Scott Schedule and Reporter's Findings
Outcome
Objections 1, 2, and 3 repelled; objections 4 to 11 agreed in sum of £11,608.90; reporter directed to apportion sum; expenses reserved.
Legal Topics
Dilapidations, Lease Obligations, Statutory Compliance, Burden of Proof
Property Law Landlord and Tenant Dilapidations Lease Obligations Statutory Compliance Burden of Proof

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 1
Sign in to unlock

Parties

Ashtenne Caledonia Limited

Pursuer

Denny Enterprises Int'l Limited

Defender

Procedural Posture

Commercial Dilapidations Claim / Opinion Following Objections to Scott Schedule and Reporter's Findings

Legal Issues

  1. 1 Whether the tenant was obliged to demonstrate compliance with the Control of Asbestos Regulations 2012 under the lease
  2. 2 Whether the burden of proof regarding statutory compliance rested with the pursuer or defender
  3. 3 Whether the cost of an asbestos report is a recoverable loss under the lease

Ratio Decidendi

The court held that the reporter was correct in his interpretation that item 4.1 of the Scott Schedule did not establish a breach of statutory obligation by the defender, and that the burden of proof lay with the pursuer. The objection was therefore repelled.

Court Disposition

Objections 1, 2, and 3 repelled; objections 4 to 11 agreed in sum of £11,608.90; reporter directed to apportion sum; expenses reserved.

Orders

  • Objections 1, 2, and 3 repelled
  • Reporter directed to apportion £11,608.90 among items 4 to 11 as he sees fit