KENNEDY & Ors FOR SUSPENSION AND INTERDICT [2015] ScotCS CSOH_103 (31 July 2015)

KENNEDY & Ors FOR SUSPENSION AND INTERDICT [2015] ScotCS CSOH_103 (31 July 2015)

The Minute of Agreement is ambiguous and capable of more than one interpretation. Applying commercial common sense and the relevant background, the court finds that reimbursement of professional fees is not payable unless planning consent is obtained by the respondents. As no planning consent was obtained, the petitioners are not liable to pay the respondents.

Citation
[2015] ScotCS CSOH_103
Parties
Petitioners: Peter Norman Bingham Kennedy and Others; Respondents: Dickie & Moore Holdings Limited
Jurisdiction
Scotland
Judgment Date
31 July 2015
Procedural Posture
Petition for Suspension and Interdict / Judgment After Proof
Outcome
Petition granted; suspension of charges for payment allowed.
Legal Topics
Interpretation of Commercial Contracts, Suspensive Conditions, Planning Consent, Reimbursement of Professional Fees
Contract Law Property Law Interpretation of Commercial Contracts Suspensive Conditions Planning Consent Reimbursement of Professional Fees

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Parties

Peter Norman Bingham Kennedy and Others

Petitioners

Dickie & Moore Holdings Limited

Respondents

Procedural Posture

Petition for Suspension and Interdict / Judgment After Proof

Legal Issues

  1. 1 Proper construction of the Minute of Agreement regarding reimbursement of professional fees
  2. 2 Whether liability to pay arises absent planning consent obtained by respondents

Ratio Decidendi

The Minute of Agreement is ambiguous and capable of more than one interpretation. Applying commercial common sense and the relevant background, the court finds that reimbursement of professional fees is not payable unless planning consent is obtained by the respondents. As no planning consent was obtained, the petitioners are not liable to pay the respondents.

Court Disposition

Petition granted; suspension of charges for payment allowed.

Orders

  • Charges served by respondents for payment of £165,397.10 are suspended.
  • Petitioners are not liable to pay the respondents under the Minute of Agreement.