ROSS REILLY v LEE BRODIE [2016] ScotSC 36 (06 May 2016)

ROSS REILLY v LEE BRODIE [2016] ScotSC 36 (06 May 2016)

The pursuer's case was dismissed because the alleged contract for sale of the business, including transfer of a lease (a real right in land), was conditional upon execution of a written lease or assignation, which never occurred. The suspensive condition was never purified, rendering the obligation to pay unenforceable. The pleadings did not sufficiently aver facts to support application of personal bar under the statutory regime. Accordingly, the action was irrelevant and lacking in specification.

Citation
[2016] ScotSC 36
Parties
Pursuer: Ross Reilly; Defender: Lee Brodie
Jurisdiction
Scotland
Judgment Date
06 May 2016
Procedural Posture
Civil (sheriff Court) / Debate on Relevancy and Specification; Judgment on Defender's Pleas in Law
Outcome
Action dismissed; defender assoilzied from the craves of the writ; pursuer found liable in expenses.
Legal Topics
Specific Implement, Requirements of Writing (scotland) Act 1995, Personal Bar (rei Interventus), Conditional Contracts, Sale of Business, Lease Transfer
Contract Law Property Law Civil Procedure Specific Implement Requirements of Writing (scotland) Act 1995 Personal Bar (rei Interventus) Conditional Contracts Sale of Business +1 more

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Parties

Ross Reilly

Pursuer

Lee Brodie

Defender

Procedural Posture

Civil (sheriff Court) / Debate on Relevancy and Specification; Judgment on Defender's Pleas in Law

Legal Issues

  1. 1 Whether a concluded contract existed for the sale of the fishery business including lease transfer
  2. 2 Whether the pursuer's pleadings provided sufficient specification and relevancy
  3. 3 Whether the contract was conditional upon execution of a written lease or assignation

Ratio Decidendi

The pursuer's case was dismissed because the alleged contract for sale of the business, including transfer of a lease (a real right in land), was conditional upon execution of a written lease or assignation, which never occurred. The suspensive condition was never purified, rendering the obligation to pay unenforceable. The pleadings did not sufficiently aver facts to support application of personal bar under the statutory regime. Accordingly, the action was irrelevant and lacking in specification.

Court Disposition

Action dismissed; defender assoilzied from the craves of the writ; pursuer found liable in expenses.

Orders

  • Sustains defender's second and third pleas in law
  • Dismisses the action