DELIKES LIMITED v. SCOTTISH AND NEWCASTLE PLC [2000] ScotSC 1 (25th January, 2000)

DELIKES LIMITED v. SCOTTISH AND NEWCASTLE PLC [2000] ScotSC 1 (25th January, 2000)

Section 8(1)(a) of the 1985 Act does not permit rectification where the parties to the document and the antecedent agreement are not the same; even if it did, the pleadings do not sufficiently aver a common intention to limit the security to £60,000.

Citation
[2000] ScotSC 1
Parties
Pursuers and Appellants: Delikes Limited; Defenders and Respondents: Scottish & Newcastle plc
Jurisdiction
Scotland
Procedural Posture
Appeal in Summary Application for Rectification of a Document / Appeal Judgment
Outcome
Appeal refused; interlocutor of 13 May 1999 adhered to; all questions of expenses reserved.
Legal Topics
Rectification of Documents, Standard Securities, Interpretation of Statutory Provisions, Common Intention of Parties
Property Law Contract Law Civil Procedure Rectification of Documents Standard Securities Interpretation of Statutory Provisions Common Intention of Parties

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Parties

Delikes Limited

Pursuers and Appellants

Scottish & Newcastle plc

Defenders and Respondents

Procedural Posture

Appeal in Summary Application for Rectification of a Document / Appeal Judgment

Legal Issues

  1. 1 Whether section 8(1)(a) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 allows rectification where the parties to the document and the antecedent agreement are not the same
  2. 2 Whether the pleadings sufficiently aver a common intention to limit security to £60,000

Ratio Decidendi

Section 8(1)(a) of the 1985 Act does not permit rectification where the parties to the document and the antecedent agreement are not the same; even if it did, the pleadings do not sufficiently aver a common intention to limit the security to £60,000.

Court Disposition

Appeal refused; interlocutor of 13 May 1999 adhered to; all questions of expenses reserved.

Orders

  • Refusal of appeal
  • Adherence to interlocutor of 13 May 1999