GATSBY RETAIL LTD AGAINST THE EDINBURGH WOOLLEN MILL LTD [2019] ScotCS CSOH_49 (28 June 2019)

GATSBY RETAIL LTD AGAINST THE EDINBURGH WOOLLEN MILL LTD [2019] ScotCS CSOH_49 (28 June 2019)

The pursuer's pleadings constitute a relevant averment of a causal link between the defender's breach and the payment to the incoming tenant, and the entire agreement clause does not preclude proof of the underlying commercial rationale for the payment in this context. The pursuer's case is sufficiently pled to proceed to proof.

Citation
[2019] ScotCS CSOH_49
Parties
Pursuer: Gatsby Retail Limited; Defender: The Edinburgh Woollen Mill Limited
Jurisdiction
Scotland
Judgment Date
28 June 2019
Procedural Posture
Commercial Damages Action / Preliminary Debate on Relevancy and Specification
Outcome
Defender's relevancy challenges fail except as regards averments about the meeting and correspondence, which are excluded from probation. Case proceeds to proof.
Legal Topics
Landlord and Tenant, Dilapidations, Mitigation of Loss, Entire Agreement Clause
Property Law Contract Law Commercial Law Landlord and Tenant Dilapidations Mitigation of Loss Entire Agreement Clause

Case Brief

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Parties

Gatsby Retail Limited

Pursuer

The Edinburgh Woollen Mill Limited

Defender

Procedural Posture

Commercial Damages Action / Preliminary Debate on Relevancy and Specification

Legal Issues

  1. 1 Whether the pursuer has relevant averments to establish recoverable loss for breach of tenant's repairing obligations
  2. 2 Whether the payment to the incoming tenant (Nero) constitutes a recoverable loss
  3. 3 Effect of entire agreement clause on causation and quantification of loss

Ratio Decidendi

The pursuer's pleadings constitute a relevant averment of a causal link between the defender's breach and the payment to the incoming tenant, and the entire agreement clause does not preclude proof of the underlying commercial rationale for the payment in this context. The pursuer's case is sufficiently pled to proceed to proof.

Court Disposition

Defender's relevancy challenges fail except as regards averments about the meeting and correspondence, which are excluded from probation. Case proceeds to proof.

Orders

  • Defender's second plea-in-law upheld; averments about meeting and correspondence excluded from probation.
  • Defender's third plea-in-law repelled.