IAN DUNCAN AGAINST GLASA LLP [2020] ScotCS CSOH_26 (03 March 2020)

IAN DUNCAN AGAINST GLASA LLP [2020] ScotCS CSOH_26 (03 March 2020)

The court determined that Mr Duncan's claim under the LLP Agreement depends on establishing a ius quaesitum tertio, and that Glasa LLP's obligations regarding restoration, compensation for tree felling, and repair of damage are governed by the express terms of the Agreement and servitude deeds. The precise scope of liability and quantum of damages will depend on further specification and evidence.

Citation
[2020] ScotCS CSOH_26
Parties
Pursuer: Ian Duncan; Defender: Glasa LLP
Jurisdiction
Scotland
Judgment Date
03 March 2020
Procedural Posture
Commercial Action / Debate on Agreed Joint Questions
Outcome
No final determination; procedural debate on joint questions with further specification to follow.
Legal Topics
Servitude Rights, Partnership Agreements, Restoration Obligations, Tree Felling Compensation, Damages for Construction Works
Contract Law Property Law Commercial Law Servitude Rights Partnership Agreements Restoration Obligations Tree Felling Compensation Damages for Construction Works

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Parties

Ian Duncan

Pursuer

Glasa LLP

Defender

Procedural Posture

Commercial Action / Debate on Agreed Joint Questions

Legal Issues

  1. 1 Whether Mr Duncan has a ius quaesitum tertio under the LLP Agreement
  2. 2 Extent of Glasa LLP's obligations under the Agreement and servitudes
  3. 3 Entitlement to compensation for damage, tree felling, and loss of estate value

Ratio Decidendi

The court determined that Mr Duncan's claim under the LLP Agreement depends on establishing a ius quaesitum tertio, and that Glasa LLP's obligations regarding restoration, compensation for tree felling, and repair of damage are governed by the express terms of the Agreement and servitude deeds. The precise scope of liability and quantum of damages will depend on further specification and evidence.

Court Disposition

No final determination; procedural debate on joint questions with further specification to follow.