COAL PENSION PROPERTIES LTD against TECHNIP UK LTD [2021] ScotCS CSOH_39 (14 April 2021)

COAL PENSION PROPERTIES LTD against TECHNIP UK LTD [2021] ScotCS CSOH_39 (14 April 2021)

The landlord's surveyor's certification under clause 17.1.2(b) is binding on both parties, provided the sum certified is reasonable; the certification covers both identification and valuation of required remedial works; a valid demand was made despite defects in the letter; the lease provides an exhaustive remedy, excluding common law damages.

Citation
[2021] ScotCS CSOH_39
Parties
Pursuer: Coal Pension Properties Limited; Defender: Technip UK Limited
Jurisdiction
Scotland
Judgment Date
14 April 2021
Procedural Posture
Commercial Lease Dispute / Judgment on Liability and Entitlement to Payment
Outcome
Pursuer entitled to decree for payment of certified sums; further issues on lost rent and fees to be determined; expenses reserved.
Legal Topics
Lease Interpretation, Repair Obligations, Surveyor Certification, Damages, Lost Rent
Property Law Contract Law Lease Interpretation Repair Obligations Surveyor Certification Damages Lost Rent

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Parties

Coal Pension Properties Limited

Pursuer

Technip UK Limited

Defender

Procedural Posture

Commercial Lease Dispute / Judgment on Liability and Entitlement to Payment

Legal Issues

  1. 1 Whether a valid demand for payment was made under the lease
  2. 2 Scope and binding nature of surveyor's certification
  3. 3 Entitlement to common law damages

Ratio Decidendi

The landlord's surveyor's certification under clause 17.1.2(b) is binding on both parties, provided the sum certified is reasonable; the certification covers both identification and valuation of required remedial works; a valid demand was made despite defects in the letter; the lease provides an exhaustive remedy, excluding common law damages.

Court Disposition

Pursuer entitled to decree for payment of certified sums; further issues on lost rent and fees to be determined; expenses reserved.

Orders

  • Case put out by order before pronouncing interlocutor.
  • Pursuer entitled to payment of £380,207.27 for repair costs.