Tom Super Printing & Supplies Ltd & Anor v South Lanarkshire Council [1999] ScotCS 275 (19 November 1999)

Tom Super Printing & Supplies Ltd & Anor v South Lanarkshire Council [1999] ScotCS 275 (19 November 1999)

The pursuers' proposed amendment did not cure the fundamental deficiency that their pleadings failed to satisfy the statutory requirements for writing under section 1(3) and (4) of the Requirements of Writing (Scotland) Act 1995 in respect of the contract as varied. The action was therefore dismissed as irrelevant.

Citation
[1999] ScotCS 275
Parties
Pursuers: Tom Super Printing and Supplies Limited and Another; Defender: South Lanarkshire Council
Jurisdiction
Scotland
Judgment Date
19 November 1999
Procedural Posture
Civil / Motion to Amend Pleadings and Dismissal
Outcome
Action dismissed
Legal Topics
Requirements of Writing (scotland) Act 1995, Contract Variation, Pleading Amendment, Committee Authority
Contract Law Civil Procedure Requirements of Writing (scotland) Act 1995 Contract Variation Pleading Amendment Committee Authority

Case Brief

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Parties

Tom Super Printing and Supplies Limited and Another

Pursuers

South Lanarkshire Council

Defender

Procedural Posture

Civil / Motion to Amend Pleadings and Dismissal

Legal Issues

  1. 1 Whether the pursuers' proposed amendment cures the deficiencies in their pleadings regarding consensus and satisfaction of statutory writing requirements for contract variation
  2. 2 Whether the pursuers' averments satisfy section 1(3) and (4) of the Requirements of Writing (Scotland) Act 1995

Ratio Decidendi

The pursuers' proposed amendment did not cure the fundamental deficiency that their pleadings failed to satisfy the statutory requirements for writing under section 1(3) and (4) of the Requirements of Writing (Scotland) Act 1995 in respect of the contract as varied. The action was therefore dismissed as irrelevant.

Court Disposition

Action dismissed

Orders

  • Defender's first plea-in-law sustained
  • Action dismissed