Caterleisure Ltd v. Glasgow Prestwick International Airport LTd [2004] ScotCS 255 (25 November 2004)

Caterleisure Ltd v. Glasgow Prestwick International Airport LTd [2004] ScotCS 255 (25 November 2004)

The right granted to the pursuers to use the Licensed Area was not for more than one year due to the six-month termination notice provision, so the Requirements of Writing (Scotland) Act 1995 does not invalidate the contract. The defenders' fourth plea-in-law is repelled, and the pursuers' fourth plea-in-law is sustained. Issues of fact regarding contract formation and reliance are to proceed to proof before answer.

Citation
[2004] ScotCS 255
Parties
Pursuer: Caterleisure Limited; Defender: Glasgow Prestwick International Airport Limited
Jurisdiction
Scotland
Judgment Date
25 November 2004
Procedural Posture
Commercial Action / Debate on Pleas in Law; Interlocutory Judgment
Outcome
Defenders' fourth plea-in-law repelled; pursuers' fourth plea-in-law sustained; certain averments excluded from probation; proof before answer allowed on remaining averments.
Legal Topics
Requirements of Writing (scotland) Act 1995, Interest in Land, Oral Contracts, Licence Agreements, Management Agreements, Proof Before Answer
Contract Law Commercial Law Requirements of Writing (scotland) Act 1995 Interest in Land Oral Contracts Licence Agreements Management Agreements Proof Before Answer

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Parties

Caterleisure Limited

Pursuer

Glasgow Prestwick International Airport Limited

Defender

Procedural Posture

Commercial Action / Debate on Pleas in Law; Interlocutory Judgment

Legal Issues

  1. 1 Whether an oral contract was concluded between the parties on 7 January 2001
  2. 2 Whether the contract granted an 'interest in land' for more than one year under the Requirements of Writing (Scotland) Act 1995
  3. 3 Whether the contract is invalid for lack of compliance with statutory writing requirements

Ratio Decidendi

The right granted to the pursuers to use the Licensed Area was not for more than one year due to the six-month termination notice provision, so the Requirements of Writing (Scotland) Act 1995 does not invalidate the contract. The defenders' fourth plea-in-law is repelled, and the pursuers' fourth plea-in-law is sustained. Issues of fact regarding contract formation and reliance are to proceed to proof before answer.

Court Disposition

Defenders' fourth plea-in-law repelled; pursuers' fourth plea-in-law sustained; certain averments excluded from probation; proof before answer allowed on remaining averments.

Orders

  • Exclude from probation defenders' averments relating to the Requirements of Writing (Scotland) Act 1995 and implied suspensive condition in Management Agreement.
  • Allow proof before answer on remaining averments.