HFD Glasgow 3 LTD against Student Loans Company LTD (Court of Session) [2026] CSOH 40 (17 April 2026)

HFD Glasgow 3 LTD against Student Loans Company LTD (Court of Session) [2026] CSOH 40 (17 April 2026)

The court determined that a remit to an expert is competent under RCS 47.12(2)(i) to resolve factual disputes regarding the state of repair, necessary remedial works, and reasonable costs at lease expiry. The remit should be structured to ensure the expert determines factual matters only, guided by established legal principles, without conferring inquisitorial or quasi-arbitral powers. The burden of proof remains on the pursuer. The remit should allow the expert to request further information via the court if necessary, and provision is made for third-party input where specialist expertise is required.

Citation
[2026] CSOH 40
Parties
Pursuer: HFD Glasgow 3 Limited; Defender: Student Loans Company Limited
Jurisdiction
Scotland
Judgment Date
17 April 2026
Procedural Posture
Commercial Property Dispute (dilapidations) / Interlocutory Order on Remit to Expert
Outcome
Remit granted to expert on terms set out in the Annex to the Opinion; motion for recovery of defender's video survey refused in hoc statu.
Legal Topics
Dilapidations, Repairing Obligations, Expert Evidence, Remit to Expert, Lease Interpretation
Property Law Commercial Law Civil Procedure Dilapidations Repairing Obligations Expert Evidence Remit to Expert Lease Interpretation

Case Brief

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Parties

HFD Glasgow 3 Limited

Pursuer

Student Loans Company Limited

Defender

Procedural Posture

Commercial Property Dispute (dilapidations) / Interlocutory Order on Remit to Expert

Legal Issues

  1. 1 Whether and to what extent the tenant breached repairing obligations under the lease at expiry
  2. 2 Appropriate scope and terms of remit to expert for factual determination of dilapidations
  3. 3 Competency and procedure for expert remit under RCS 47.12(2)(i)

Ratio Decidendi

The court determined that a remit to an expert is competent under RCS 47.12(2)(i) to resolve factual disputes regarding the state of repair, necessary remedial works, and reasonable costs at lease expiry. The remit should be structured to ensure the expert determines factual matters only, guided by established legal principles, without conferring inquisitorial or quasi-arbitral powers. The burden of proof remains on the pursuer. The remit should allow the expert to request further information via the court if necessary, and provision is made for third-party input where specialist expertise is required.

Court Disposition

Remit granted to expert on terms set out in the Annex to the Opinion; motion for recovery of defender's video survey refused in hoc statu.

Orders

  • Remit to Colin Bruce MRICS to determine specified factual issues regarding dilapidations, as set out in the Annex.
  • Expert to report to the court by 15 October 2026, with provision to seek directions if needed.