Tom Super Printing Supplies Ltd & Anor v South Lanarkshire Council [1999] ScotCS 227 (28 September 1999)

Tom Super Printing Supplies Ltd & Anor v South Lanarkshire Council [1999] ScotCS 227 (28 September 1999)

The court held that the pursuers' averments, if proved, were sufficient to justify inquiry into whether an enforceable contract was concluded, subject to statutory requirements and the authority of the council's representatives. The issues of authority, intention to contract, and satisfaction of statutory exceptions could not be determined without hearing evidence. Accordingly, the defender's challenge to relevancy was not sustained at this stage, and the case should proceed to proof before answer.

Citation
[1999] ScotCS 227
Parties
First Pursuer: Tom Super Printing Supplies Limited; Second Pursuer: Trustees of Tom Super Printing Supplies Limited Directors Retirement Scheme; Defender: South Lanarkshire Council
Jurisdiction
Scotland
Judgment Date
28 September 1999
Procedural Posture
Commercial Contract Dispute (debate on Relevancy) / Interlocutory (debate on Relevancy of Pleadings, Before Proof)
Outcome
Defender's challenge to relevancy refused; proof before answer allowed.
Legal Topics
Formation of Contract, Authority of Agents, Requirements of Writing (scotland) Act 1995, Specific Implement, Damages for Breach of Contract, Variation of Contract, Interests in Land
Contract Law Property Law Local Government Law Formation of Contract Authority of Agents Requirements of Writing (scotland) Act 1995 Specific Implement Damages for Breach of Contract +2 more

Case Brief

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Parties

Tom Super Printing Supplies Limited

First Pursuer

Trustees of Tom Super Printing Supplies Limited Directors Retirement Scheme

Second Pursuer

South Lanarkshire Council

Defender

Procedural Posture

Commercial Contract Dispute (debate on Relevancy) / Interlocutory (debate on Relevancy of Pleadings, Before Proof)

Legal Issues

  1. 1 Whether an enforceable contract was concluded between the parties for the sale and purchase of land and related arrangements
  2. 2 Whether the Requirements of Writing (Scotland) Act 1995 precludes enforcement absent a written contract
  3. 3 Whether the conduct of the parties and their representatives constituted sufficient actings to satisfy statutory exceptions

Ratio Decidendi

The court held that the pursuers' averments, if proved, were sufficient to justify inquiry into whether an enforceable contract was concluded, subject to statutory requirements and the authority of the council's representatives. The issues of authority, intention to contract, and satisfaction of statutory exceptions could not be determined without hearing evidence. Accordingly, the defender's challenge to relevancy was not sustained at this stage, and the case should proceed to proof before answer.

Court Disposition

Defender's challenge to relevancy refused; proof before answer allowed.

Orders

  • Case to proceed to proof before answer on the pursuers' averments.