NORTHERN HYDROSEEDING LIMITED v. JAMES MCDONALD [2012] ScotSC 29 (28 February 2012)

NORTHERN HYDROSEEDING LIMITED v. JAMES MCDONALD [2012] ScotSC 29 (28 February 2012)

There was no concluded agreement for sale or valid lease; the defender's occupation was without legal basis and therefore unlawful. Damages are to be assessed as the rent that could have been obtained from a third party during the period of unlawful occupation, less sums paid by the defender attributable to occupation.

Citation
[2012] ScotSC 29
Parties
Pursuer: Northern Hydroseeding Limited; Defender: James McDonald
Jurisdiction
Scotland
Judgment Date
28 February 2012
Procedural Posture
Civil Ejection and Damages / Judgment After Proof (trial) on Quantum
Outcome
Decree for payment granted in favour of pursuers for £37,050 with interest; defender's pleas repelled; expenses reserved.
Legal Topics
Unlawful Occupation, Damages Assessment, Requirements of Writing (scotland) Act 1995, Personal Bar, Lease Validity, Violent Profits
Property Law Contract Law Civil Procedure Unlawful Occupation Damages Assessment Requirements of Writing (scotland) Act 1995 Personal Bar Lease Validity +1 more

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Parties

Northern Hydroseeding Limited

Pursuer

James McDonald

Defender

Procedural Posture

Civil Ejection and Damages / Judgment After Proof (trial) on Quantum

Legal Issues

  1. 1 Whether there was a concluded contract for sale of the property between the parties
  2. 2 Whether the defender's occupation was lawful or unlawful
  3. 3 What is the appropriate measure of damages for unlawful occupation

Ratio Decidendi

There was no concluded agreement for sale or valid lease; the defender's occupation was without legal basis and therefore unlawful. Damages are to be assessed as the rent that could have been obtained from a third party during the period of unlawful occupation, less sums paid by the defender attributable to occupation.

Court Disposition

Decree for payment granted in favour of pursuers for £37,050 with interest; defender's pleas repelled; expenses reserved.

Orders

  • Defender to pay pursuers £37,050 sterling with interest at 8% per annum from date of decree until payment.
  • All questions of expenses reserved for further hearing.