WILLIAM DALE HILL AND ANOTHER AGAINST APLEONA HSG LTD [2023] ScotCS CSOH_15 (21 February 2023)

WILLIAM DALE HILL AND ANOTHER AGAINST APLEONA HSG LTD [2023] ScotCS CSOH_15 (21 February 2023)

The reporter was not under an absolute duty to make further inquiries; clause 8 left it to his discretion. The reporter exhausted the remit for most items but failed to address certain items where he could not identify the area or lacked information. These items require to be remitted back for further consideration. The reporter must use skill and experience to state reasonable costs where defects are found, and must answer questions on timescale and surveyor's fees.

Citation
[2023] ScotCS CSOH_15
Parties
Pursuers: William Dale Hill and Rowanmoor Trustees Limited as Trustees for the HFD Management Services LLP Family Pension Trust; Defender: Apleona HSG Limited
Jurisdiction
Scotland
Judgment Date
21 February 2023
Procedural Posture
Commercial Action / Interlocutory Ruling on Remit to Reporter
Outcome
Partial remission to reporter for further consideration
Legal Topics
Lease Obligations, Dilapidations, Remit to Skilled Person, Expert Evidence
Property Law Commercial Law Lease Obligations Dilapidations Remit to Skilled Person Expert Evidence

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Parties

William Dale Hill and Rowanmoor Trustees Limited as Trustees for the HFD Management Services LLP Family Pension Trust

Pursuers

Apleona HSG Limited

Defender

Procedural Posture

Commercial Action / Interlocutory Ruling on Remit to Reporter

Legal Issues

  1. 1 Whether the reporter failed to exhaust or comply with the joint remit
  2. 2 Whether the reporter was obliged to make further inquiries under clause 8
  3. 3 Whether the reporter properly determined which wants of repair existed at the material date

Ratio Decidendi

The reporter was not under an absolute duty to make further inquiries; clause 8 left it to his discretion. The reporter exhausted the remit for most items but failed to address certain items where he could not identify the area or lacked information. These items require to be remitted back for further consideration. The reporter must use skill and experience to state reasonable costs where defects are found, and must answer questions on timescale and surveyor's fees.

Court Disposition

Partial remission to reporter for further consideration

Orders

  • Case remitted back to reporter for renewed consideration of specified items and questions, after taking such steps under clause 8 as appropriate.
  • Parties to be given opportunity to address court on precise wording of order; case put out by order for that purpose.