RECLAIMING MOTION BY BENKERT UK LTD AGAINST PAINT DISPENSING LTD [2022] ScotCS CSIH_55 (09 December 2022)

RECLAIMING MOTION BY BENKERT UK LTD AGAINST PAINT DISPENSING LTD [2022] ScotCS CSIH_55 (09 December 2022)

The respondents' contractual obligation was limited to maintenance and repair, not design improvement; failure to advise on replacing Jubilee clips did not breach contract or common law duty. The limitation clause was fair and reasonable under UCTA, given the parties' commercial status, awareness of the clause, and insurance arrangements.

Citation
[2022] ScotCS CSIH_55
Parties
Pursuer and Reclaimer: Benkert UK Limited; Defender and Respondent: Paint Dispensing Limited
Jurisdiction
Scotland
Judgment Date
09 December 2022
Procedural Posture
Reclaiming Motion (appeal) and Cross Appeal / Inner House, Court of Session, Appellate Judgment
Outcome
Reclaiming motion refused; cross-appeal allowed; respondents assoilzied (absolved from liability).
Legal Topics
Limitation of Liability, Unfair Contract Terms Act 1977, Maintenance Contracts, Negligence, Vicarious Liability
Contract Law Tort Law Limitation of Liability Unfair Contract Terms Act 1977 Maintenance Contracts Negligence Vicarious Liability

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Parties

Benkert UK Limited

Pursuer and Reclaimer

Paint Dispensing Limited

Defender and Respondent

Procedural Posture

Reclaiming Motion (appeal) and Cross Appeal / Inner House, Court of Session, Appellate Judgment

Legal Issues

  1. 1 Whether respondents are liable under contract and at common law for losses caused by fire
  2. 2 Whether limitation clause in maintenance contract is fair and reasonable under UCTA

Ratio Decidendi

The respondents' contractual obligation was limited to maintenance and repair, not design improvement; failure to advise on replacing Jubilee clips did not breach contract or common law duty. The limitation clause was fair and reasonable under UCTA, given the parties' commercial status, awareness of the clause, and insurance arrangements.

Court Disposition

Reclaiming motion refused; cross-appeal allowed; respondents assoilzied (absolved from liability).

Orders

  • Recall Lord Ordinary's interlocutors of 31 March 2022
  • Repel reclaimers' pleas-in-law