Spurway v Morrod [2001] ScotCS 237 (18 October 2001)

Spurway v Morrod [2001] ScotCS 237 (18 October 2001)

The pursuer's averments regarding possession (keys, entry, changing locks) are legally sufficient at this stage to establish possession for the purposes of the lease; both principal action and counterclaim are sufficiently specified to proceed to proof before answer.

Citation
[2001] ScotCS 237
Parties
Pursuer: George Henry Spurway; Defender: Paul Morrod
Jurisdiction
Scotland
Judgment Date
18 October 2001
Procedural Posture
Civil / Interlocutory (proof Before Answer)
Outcome
Proof before answer allowed on entire averments in principal action and counterclaim.
Legal Topics
Lease Agreements, Breach of Contract, Possession Under Lease, Counterclaim for Damages
Contract Law Property Law Lease Agreements Breach of Contract Possession Under Lease Counterclaim for Damages

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Parties

George Henry Spurway

Pursuer

Paul Morrod

Defender

Procedural Posture

Civil / Interlocutory (proof Before Answer)

Legal Issues

  1. 1 Whether the pursuer was in possession sufficient to constitute a lease
  2. 2 Whether the defender was entitled to rescind the contract for non-payment
  3. 3 Adequacy of specification in the defender's counterclaim

Ratio Decidendi

The pursuer's averments regarding possession (keys, entry, changing locks) are legally sufficient at this stage to establish possession for the purposes of the lease; both principal action and counterclaim are sufficiently specified to proceed to proof before answer.

Court Disposition

Proof before answer allowed on entire averments in principal action and counterclaim.

Orders

  • Proof before answer on principal action and counterclaim