New Ingliston Ltd v The City of Edinburgh Council [2017] ScotCS CSOH_37 (07 March 2017)

New Ingliston Ltd v The City of Edinburgh Council [2017] ScotCS CSOH_37 (07 March 2017)

The pursuer's entitlement to require remedial works is limited to those specified as required by the Environmental Report/Audit, except for the mound in the Stockpile Area, where removal is required only if the mound is found to be contaminated as defined by the presence of a substance with potential to cause harm or pollution. The defender's obligations do not extend to all works sought by the pursuer, and the defence of personal bar is irrelevant. The case requires proof on whether contamination occurred during the defender's ownership.

Citation
[2017] ScotCS CSOH_37
Parties
Pursuer: New Ingliston Limited; Defender: The City of Edinburgh Council
Jurisdiction
Scotland
Judgment Date
07 March 2017
Procedural Posture
Civil (contractual Dispute) / Interlocutory Judgment on Relevancy of Pleadings
Outcome
Case put out by order for further submissions; no final decree pronounced; expenses reserved.
Legal Topics
Interpretation of Settlement Agreements, Obligations Under Missives, Environmental Remediation, Specific Implement, Personal Bar, Vacant Possession
Contract Law Property Law Environmental Law Interpretation of Settlement Agreements Obligations Under Missives Environmental Remediation Specific Implement Personal Bar +1 more

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Parties

New Ingliston Limited

Pursuer

The City of Edinburgh Council

Defender

Procedural Posture

Civil (contractual Dispute) / Interlocutory Judgment on Relevancy of Pleadings

Legal Issues

  1. 1 What are the parties' rights and obligations regarding environmental remediation under the missives and settlement agreement?
  2. 2 Does the defender have an obligation to remove the mound in the Stockpile Area?
  3. 3 Is the pursuer entitled to require remedial works beyond those specified in the Environmental Report/Audit?

Ratio Decidendi

The pursuer's entitlement to require remedial works is limited to those specified as required by the Environmental Report/Audit, except for the mound in the Stockpile Area, where removal is required only if the mound is found to be contaminated as defined by the presence of a substance with potential to cause harm or pollution. The defender's obligations do not extend to all works sought by the pursuer, and the defence of personal bar is irrelevant. The case requires proof on whether contamination occurred during the defender's ownership.

Court Disposition

Case put out by order for further submissions; no final decree pronounced; expenses reserved.

Orders

  • Proof required on whether contamination in the Stockpile Area occurred during defender's ownership.
  • Pursuer not entitled to orders beyond those specified as required by the Environmental Report/Audit.