William Collins & Sons Ltd v CGU Insurance Plc [2006] ScotCS CSOH_87 (02 June 2006)

William Collins & Sons Ltd v CGU Insurance Plc [2006] ScotCS CSOH_87 (02 June 2006)

The pursuers are entitled to interim orders for access to carry out repairs because the lease and head lease, read together, give them the unqualified right to enter for necessary repairs, and the pursuers are the sole judges of necessity. The arbitration clause does not oust the court's jurisdiction to grant interim orders. The order sought is not final, is sufficiently precise, and the balance of convenience favours the pursuers given their contractual obligations and the inadequacy of damages as a remedy.

Citation
[2006] ScotCS CSOH_87
Parties
Pursuer: William Collins & Sons Limited; Defender: CGU Insurance Plc
Jurisdiction
Scotland
Judgment Date
02 June 2006
Procedural Posture
Motion for Interim Orders (commercial Lease Dispute) / Interim Motion Hearing Before Defences Lodged
Outcome
Interim orders for access granted in favour of the pursuers; expenses awarded to pursuers.
Legal Topics
Interim Orders, Right of Access for Repairs, Lease Obligations, Balance of Convenience, Arbitration Clauses
Property Law Commercial Law Landlord and Tenant Interim Orders Right of Access for Repairs Lease Obligations Balance of Convenience Arbitration Clauses

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Parties

William Collins & Sons Limited

Pursuer

CGU Insurance Plc

Defender

Procedural Posture

Motion for Interim Orders (commercial Lease Dispute) / Interim Motion Hearing Before Defences Lodged

Legal Issues

  1. 1 Whether the pursuers are entitled to interim orders granting access to leased premises for repairs under the terms of the lease and head lease
  2. 2 Whether the pursuers are the sole judges of necessity for repairs under the lease
  3. 3 Whether the arbitration clause ousts the court's jurisdiction to grant interim orders

Ratio Decidendi

The pursuers are entitled to interim orders for access to carry out repairs because the lease and head lease, read together, give them the unqualified right to enter for necessary repairs, and the pursuers are the sole judges of necessity. The arbitration clause does not oust the court's jurisdiction to grant interim orders. The order sought is not final, is sufficiently precise, and the balance of convenience favours the pursuers given their contractual obligations and the inadequacy of damages as a remedy.

Court Disposition

Interim orders for access granted in favour of the pursuers; expenses awarded to pursuers.

Orders

  • Pursuers granted interim orders for access to premises to carry out necessary repairs as per lease terms.
  • Defenders to pay expenses.