SSE ENERGY SUPPLY LTD AGAINST STAG HOTEL LTD [2022] ScotCS CSOH_54 (10 August 2022)

SSE ENERGY SUPPLY LTD AGAINST STAG HOTEL LTD [2022] ScotCS CSOH_54 (10 August 2022)

The defender's pleadings are relevant only insofar as they specify the alleged inability of the meter to communicate and display accurate readings and battery failure; other unspecified defects are excluded due to lack of fair notice. The presumption of regularity may apply but its application depends on evidence. The defender's averments regarding reduced electricity use during Covid-19 and the offer to pay a reasonable estimate are not excluded. The defender's averment of breach of an unspecified statutory provision is excluded as irrelevant.

Citation
[2022] ScotCS CSOH_54
Parties
Pursuer: SSE Energy Supply Ltd; Defender: Stag Hotel Ltd
Jurisdiction
Scotland
Judgment Date
10 August 2022
Procedural Posture
Commercial Action (payment Claim) / Debate on Relevancy and Specification; Interlocutory Ruling
Outcome
Interlocutory order; partial exclusion of averments; proof before answer ordered
Legal Topics
Supply of Goods and Services, Burden of Proof, Presumptions in Evidence, Specification of Pleadings, Meter Accuracy Disputes, Contractual Remedies
Contract Law Commercial Law Evidence Supply of Goods and Services Burden of Proof Presumptions in Evidence Specification of Pleadings Meter Accuracy Disputes +1 more

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Parties

SSE Energy Supply Ltd

Pursuer

Stag Hotel Ltd

Defender

Procedural Posture

Commercial Action (payment Claim) / Debate on Relevancy and Specification; Interlocutory Ruling

Legal Issues

  1. 1 Whether the defender's pleadings regarding meter defects and excessive charges are relevant and sufficiently specified
  2. 2 Whether the presumption omnia praesumuntur rite et solemniter acta esse applies to electricity meters in this context
  3. 3 Whether the defender's averments regarding reduced electricity use during Covid-19 are relevant

Ratio Decidendi

The defender's pleadings are relevant only insofar as they specify the alleged inability of the meter to communicate and display accurate readings and battery failure; other unspecified defects are excluded due to lack of fair notice. The presumption of regularity may apply but its application depends on evidence. The defender's averments regarding reduced electricity use during Covid-19 and the offer to pay a reasonable estimate are not excluded. The defender's averment of breach of an unspecified statutory provision is excluded as irrelevant.

Court Disposition

Interlocutory order; partial exclusion of averments; proof before answer ordered

Orders

  • Sustain the pursuer's first plea-in-law and exclude from probation the defender's averments on breach of an unspecified statutory provision.
  • Proof before answer on remaining issues.