MP Burke Transport Ltd v Charles Scott & Partners LLP [2017] ScotCS CSOH_67 (25 April 2017)
The defender's instructions were not restricted to the matters identified in the Graham & Sibbald report; the contract was to carry out a structural inspection and produce a report without restriction, including inspection of the roof.
- Citation
- [2017] ScotCS CSOH_67
- Parties
- Pursuer: MP Burke Transport Limited; Defender: Charles Scott & Partners LLP
- Jurisdiction
- Scotland
- Judgment Date
- 25 April 2017
- Procedural Posture
- Commercial Contract Dispute / Preliminary Proof
- Outcome
- Scope of defender's duties included inspection of the roof; further procedure and expenses to be determined.
- Legal Topics
- Scope of Professional Duties, Interpretation of Contractual Instructions
Case Brief
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Parties
MP Burke Transport Limited
Pursuer
Charles Scott & Partners LLP
Defender
Procedural Posture
Commercial Contract Dispute / Preliminary Proof
Legal Issues
- 1 Whether the defender's instructions and duties included inspection of the roof beyond the matters identified in the Graham & Sibbald report
Ratio Decidendi
The defender's instructions were not restricted to the matters identified in the Graham & Sibbald report; the contract was to carry out a structural inspection and produce a report without restriction, including inspection of the roof.
Court Disposition
Scope of defender's duties included inspection of the roof; further procedure and expenses to be determined.
Orders
- Court to hear parties on further procedure and expenses before pronouncing interlocutor.
Full Case Text
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