Mars Pension Trustees Ltd v County Properties & Developments Ltd & Anor [1998] ScotCS 8 (4 August 1998)

Mars Pension Trustees Ltd v County Properties & Developments Ltd & Anor [1998] ScotCS 8 (4 August 1998)

Clause 12 of the lease does not clearly and unambiguously exclude the implied common law warranty of wind and water tightness; certificates issued under paragraph 4.2 are conclusive only as to accounting and calculation, not as to apportionment of Common Service Cost.

Citation
[1998] ScotCS 8
Parties
Pursuer: Mars Pension Trustees Limited; First Defender: County Properties & Developments Limited; Second Defender: Retail Property Holdings Limited
Jurisdiction
Scotland
Judgment Date
04 August 1998
Procedural Posture
Commercial Lease Dispute / Interlocutory Judgment on Legal Issues
Outcome
First defenders entitled to inquiry on both wind and water tightness and apportionment issues; pursuers' Article 5(a) excluded from probation.
Legal Topics
Implied Warranty in Leases, Exclusion Clauses, Service Charge Apportionment, Conclusive Certificates
Property Law Contract Law Implied Warranty in Leases Exclusion Clauses Service Charge Apportionment Conclusive Certificates

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 3 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

Mars Pension Trustees Limited

Pursuer

County Properties & Developments Limited

First Defender

Retail Property Holdings Limited

Second Defender

Procedural Posture

Commercial Lease Dispute / Interlocutory Judgment on Legal Issues

Legal Issues

  1. 1 Whether clause 12 of the lease excludes the implied common law warranty of wind and water tightness
  2. 2 Whether certificates issued under paragraph 4.2 of Part IV of the Schedule are conclusive as to apportionment of Common Service Cost

Ratio Decidendi

Clause 12 of the lease does not clearly and unambiguously exclude the implied common law warranty of wind and water tightness; certificates issued under paragraph 4.2 are conclusive only as to accounting and calculation, not as to apportionment of Common Service Cost.

Court Disposition

First defenders entitled to inquiry on both wind and water tightness and apportionment issues; pursuers' Article 5(a) excluded from probation.

Orders

  • Case put out By Order for discussion of further procedure and adjustment of pleadings.