EDINBURGH TOURS LIMITED v. MR DIAMAN SINGH [2011] ScotSC 198 (15 December 2011)

EDINBURGH TOURS LIMITED v. MR DIAMAN SINGH [2011] ScotSC 198 (15 December 2011)

The statutory and contractual provisions regarding service of notices must be read together. Clause 14 of the sub-lease, which allows for deemed service unless the contrary is proved, applies to the pre-irritancy warning notice. The respondent is entitled to lead evidence to prove non-service, and the sheriff was correct to allow proof on this issue. The appeal is refused and the cause remitted for further proceedings.

Citation
[2011] ScotSC 198
Parties
Pursuer & Appellant: Edinburgh Tours Limited; Defender & Respondent: Mr Diaman Singh
Jurisdiction
Scotland
Judgment Date
15 December 2011
Procedural Posture
Appeal / Judgment on Appeal Against Sheriff's Interlocutor Allowing Proof on Pleadings
Outcome
Appeal refused; sheriff's interlocutor adhered to; cause remitted for further proceedings; appellants found liable in expenses of the appeal.
Legal Topics
Irritancy of Lease, Service of Notices, Statutory Interpretation, Lease Termination, Proof of Service
Landlord and Tenant Contract Law Civil Procedure Irritancy of Lease Service of Notices Statutory Interpretation Lease Termination Proof of Service

Case Brief

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Parties

Edinburgh Tours Limited

Pursuer & Appellant

Mr Diaman Singh

Defender & Respondent

Procedural Posture

Appeal / Judgment on Appeal Against Sheriff's Interlocutor Allowing Proof on Pleadings

Legal Issues

  1. 1 Whether the pre-irritancy warning notice was effectively served on the respondent in accordance with the lease and statutory requirements
  2. 2 Whether Clause 14 of the sub-lease allows the respondent to prove non-service and thereby prevent deemed service
  3. 3 Whether section 4(4) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 is a deeming provision for service

Ratio Decidendi

The statutory and contractual provisions regarding service of notices must be read together. Clause 14 of the sub-lease, which allows for deemed service unless the contrary is proved, applies to the pre-irritancy warning notice. The respondent is entitled to lead evidence to prove non-service, and the sheriff was correct to allow proof on this issue. The appeal is refused and the cause remitted for further proceedings.

Court Disposition

Appeal refused; sheriff's interlocutor adhered to; cause remitted for further proceedings; appellants found liable in expenses of the appeal.

Orders

  • Refusal of appeal
  • Adherence to sheriff's interlocutor of 17 December 2010