ASHTENNE CALEDONIA LTD AGAINST MAHMOOD SALEEM [2023] ScotCS CSOH_18 (08 March 2023)

ASHTENNE CALEDONIA LTD AGAINST MAHMOOD SALEEM [2023] ScotCS CSOH_18 (08 March 2023)

The reporter did not err in law in his interpretation of the repairing obligation or in his application of the standard of repair, acted within his remit, and gave adequate reasons for his conclusions. The objections to the reporter's draft report are therefore repelled, except as agreed between the parties regarding certain items.

Citation
[2023] ScotCS CSOH_18
Parties
Pursuer: Ashtenne Caledonia Limited; Defender: Mahmood Saleem
Jurisdiction
Scotland
Judgment Date
08 March 2023
Procedural Posture
Commercial Lease Dilapidations Claim / Judgment on Objections to Reporter's Draft Report
Outcome
Pursuer's objections 1, 2 and 5 repelled; reporter directed to apportion agreed sum among items subject to objections 3, 4, 6 and 7; all questions of expenses reserved.
Legal Topics
Dilapidations, Repairing Obligations, Lease Interpretation, Standard of Repair, Remit to Expert
Property Law Landlord and Tenant Law Dilapidations Repairing Obligations Lease Interpretation Standard of Repair Remit to Expert

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Parties

Ashtenne Caledonia Limited

Pursuer

Mahmood Saleem

Defender

Procedural Posture

Commercial Lease Dilapidations Claim / Judgment on Objections to Reporter's Draft Report

Legal Issues

  1. 1 Whether the reporter erred in law in his interpretation of the repairing obligation in the lease
  2. 2 Whether the reporter acted outwith his remit by referring to certain authorities
  3. 3 Whether the reporter applied the correct standard of repair

Ratio Decidendi

The reporter did not err in law in his interpretation of the repairing obligation or in his application of the standard of repair, acted within his remit, and gave adequate reasons for his conclusions. The objections to the reporter's draft report are therefore repelled, except as agreed between the parties regarding certain items.

Court Disposition

Pursuer's objections 1, 2 and 5 repelled; reporter directed to apportion agreed sum among items subject to objections 3, 4, 6 and 7; all questions of expenses reserved.

Orders

  • Repel pursuer's objections 1, 2 and 5.
  • Direct reporter to apportion £3,696.46 among items subject to objections 3, 4, 6 and 7 as he sees fit.