TMW PRAMERICA PROPERTY INVESTMENT AGAINST GLASGOW CITY COUNCIL [2017] ScotCS CSOH_152 (13 December 2017)

TMW PRAMERICA PROPERTY INVESTMENT AGAINST GLASGOW CITY COUNCIL [2017] ScotCS CSOH_152 (13 December 2017)

The independent expert erred in law by fixing separate Deferred Long Stop Dates for each of the 23 remedial items. The contract, properly interpreted, provided only for two Deferred Long Stop Dates corresponding to Priority Works and other works. The expert failed to answer the question referred for determination, and his decision must be reduced. Professional costs recoverable under the contract are limited to those incurred in discharging responsibilities to the other party, not all costs incurred by the pursuer.

Citation
[2017] ScotCS CSOH_152
Parties
Pursuer: TMW Pramerica Property Investment GmbH; Defender: Glasgow City Council
Jurisdiction
Scotland
Judgment Date
13 December 2017
Procedural Posture
Commercial Contract Dispute / Outer House, Court of Session, Opinion
Outcome
Expert's determination reduced; pursuer not entitled to remedies sought based on that determination.
Legal Topics
Interpretation of Contractual Terms, Retention and Release of Funds, Expert Determination, Professional Costs Recovery
Contract Law Property Law Interpretation of Contractual Terms Retention and Release of Funds Expert Determination Professional Costs Recovery

Case Brief

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Parties

TMW Pramerica Property Investment GmbH

Pursuer

Glasgow City Council

Defender

Procedural Posture

Commercial Contract Dispute / Outer House, Court of Session, Opinion

Legal Issues

  1. 1 Whether the independent expert erred in law by fixing separate Deferred Long Stop Dates for each remedial item
  2. 2 Proper interpretation of contract terms regarding retention and release of funds
  3. 3 Scope of recoverable professional costs under the contract

Ratio Decidendi

The independent expert erred in law by fixing separate Deferred Long Stop Dates for each of the 23 remedial items. The contract, properly interpreted, provided only for two Deferred Long Stop Dates corresponding to Priority Works and other works. The expert failed to answer the question referred for determination, and his decision must be reduced. Professional costs recoverable under the contract are limited to those incurred in discharging responsibilities to the other party, not all costs incurred by the pursuer.

Court Disposition

Expert's determination reduced; pursuer not entitled to remedies sought based on that determination.

Orders

  • Case to be put out by order for further submissions on procedure.
  • Guidance provided on scope of recoverable professional costs; issue to be resolved by proof if necessary.