Callum Gillies against Jack Ferguson Baptie (Sheriff Court Civil) [2025] SCHAM 80 (03 October 2025)

Callum Gillies against Jack Ferguson Baptie (Sheriff Court Civil) [2025] SCHAM 80 (03 October 2025)

The defender breached the implied term to exercise reasonable skill and care by constructing walls that were not plumb and square, failing to discuss the impact of wall construction on kitchen dimensions, and proceeding to install kitchen units contrary to the design specifications. These breaches caused loss to the pursuer, necessitating full remedial works. The defender was not entitled to further payment, and the pursuer was entitled to damages for the cost of remedying the defects.

Citation
[2025] SCHAM 80
Parties
Pursuer: Callum Gillies; Defender: Jack Ferguson Baptie
Jurisdiction
Scotland
Judgment Date
03 October 2025
Procedural Posture
Civil (sheriff Court) / Judgment After Proof (trial)
Outcome
Judgment for the pursuer; decree for payment granted.
Legal Topics
Implied Terms, Standard of Reasonable Skill and Care, Breach of Contract, Remedies for Defective Workmanship, Consumer Rights Act 2015
Contract Law Consumer Law Implied Terms Standard of Reasonable Skill and Care Breach of Contract Remedies for Defective Workmanship Consumer Rights Act 2015

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Parties

Callum Gillies

Pursuer

Jack Ferguson Baptie

Defender

Procedural Posture

Civil (sheriff Court) / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether the defender breached the implied term to exercise reasonable skill and care in the supply of services under section 49(1) of the Consumer Rights Act 2015
  2. 2 Whether the defender was contractually obliged to construct plumb and square walls prior to kitchen installation
  3. 3 Whether the pursuer is entitled to damages for remedial works necessitated by the defender's breach

Ratio Decidendi

The defender breached the implied term to exercise reasonable skill and care by constructing walls that were not plumb and square, failing to discuss the impact of wall construction on kitchen dimensions, and proceeding to install kitchen units contrary to the design specifications. These breaches caused loss to the pursuer, necessitating full remedial works. The defender was not entitled to further payment, and the pursuer was entitled to damages for the cost of remedying the defects.

Court Disposition

Judgment for the pursuer; decree for payment granted.

Orders

  • Defender to pay the pursuer £20,040 sterling with interest at 8% per annum from the date of judgment until payment.
  • Question of expenses reserved for further hearing.