DTA Chartered Architects v. Clydeview Development Ltd [2007] ScotSC 17 (03 May 2007)

DTA Chartered Architects v. Clydeview Development Ltd [2007] ScotSC 17 (03 May 2007)

The pleadings, taken as a whole, including the admissions by the respondents that the appellants were instructed to provide professional services and the detail provided in the invoices and condescendence, gave fair notice of the case to be met. The respondents did not aver that the work was not instructed or not done, nor did they specify why the sums claimed were excessive. The Sheriff erred in dismissing the action for lack of specification. The case should proceed to proof before answer on the parties' respective averments.

Citation
[2007] ScotSC 17
Parties
Pursuers and Appellants: DTA Chartered Architects; Defenders and Respondents: Clydeview Development Limited
Jurisdiction
Scotland
Judgment Date
03 May 2007
Procedural Posture
Civil / Appeal From Dismissal at Debate (pleadings)
Outcome
Appeal sustained; Sheriff's interlocutor recalled; proof before answer allowed.
Legal Topics
Quantum Meruit, Specification of Pleadings, Professional Fees, Breach of Contract, Unjust Enrichment
Contract Law Civil Procedure Quantum Meruit Specification of Pleadings Professional Fees Breach of Contract Unjust Enrichment

Case Brief

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Parties

DTA Chartered Architects

Pursuers and Appellants

Clydeview Development Limited

Defenders and Respondents

Procedural Posture

Civil / Appeal From Dismissal at Debate (pleadings)

Legal Issues

  1. 1 Whether the pleadings by the appellants (architects) gave fair notice to the respondents (developers) of the case to be met regarding professional fees for services rendered.
  2. 2 Whether the action should be dismissed for lack of specification in the pleadings.
  3. 3 Whether the respondents' plea that the sum sued for was excessive was properly supported by averments.

Ratio Decidendi

The pleadings, taken as a whole, including the admissions by the respondents that the appellants were instructed to provide professional services and the detail provided in the invoices and condescendence, gave fair notice of the case to be met. The respondents did not aver that the work was not instructed or not done, nor did they specify why the sums claimed were excessive. The Sheriff erred in dismissing the action for lack of specification. The case should proceed to proof before answer on the parties' respective averments.

Court Disposition

Appeal sustained; Sheriff's interlocutor recalled; proof before answer allowed.

Orders

  • Recall of Sheriff's interlocutor of 21 December 2006.
  • Proof before answer allowed on parties' averments.