SIBLEY ROBERTSON v. SECRETARY OF STATE FOR SCOTLAND [1999] ScotSC 17 (1st June, 1999)

SIBLEY ROBERTSON v. SECRETARY OF STATE FOR SCOTLAND [1999] ScotSC 17 (1st June, 1999)

The defender did not fulfil the obligation to offer the land at a price reflecting current market value as at 2 July 1993 as determined by the District Valuer. The valuations were not made on the accepted 'Open Market Value' basis, but on a 'Best Price' basis contrary to professional standards, and were based on incomplete and incorrect assumptions. Therefore, the offers did not implement the binding promise.

Citation
[1999] ScotSC 17
Parties
Pursuer: Sibley Dietrichen Robertson; Defender: The Rt. Hon. Donald Dewar, MP, Secretary of State for Scotland
Jurisdiction
Scotland
Procedural Posture
Civil Declarator / Judgment After Proof Before Answer
Outcome
Declarator granted for pursuer; defender's pleas repelled; question of expenses reserved.
Legal Topics
Valuation of Land, Enforceability of Government Promises, Obligations of Public Authorities, Market Value Determination, Professional Standards in Valuation
Property Law Contract Law Administrative Law Valuation of Land Enforceability of Government Promises Obligations of Public Authorities Market Value Determination Professional Standards in Valuation

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Parties

Sibley Dietrichen Robertson

Pursuer

The Rt. Hon. Donald Dewar, MP, Secretary of State for Scotland

Defender

Procedural Posture

Civil Declarator / Judgment After Proof Before Answer

Legal Issues

  1. 1 Whether the defender fulfilled the obligation to offer land at current market value as at 2 July 1993 as determined by the District Valuer
  2. 2 Whether the District Valuer's valuations constituted a determination of current market value
  3. 3 Whether the valuations were based on proper assumptions and professional standards

Ratio Decidendi

The defender did not fulfil the obligation to offer the land at a price reflecting current market value as at 2 July 1993 as determined by the District Valuer. The valuations were not made on the accepted 'Open Market Value' basis, but on a 'Best Price' basis contrary to professional standards, and were based on incomplete and incorrect assumptions. Therefore, the offers did not implement the binding promise.

Court Disposition

Declarator granted for pursuer; defender's pleas repelled; question of expenses reserved.

Orders

  • Defender is bound to offer to sell the specified land to the pursuer as executrix at a price reflecting current market value as at 2 July 1993 as determined by the District Valuer.
  • Valuations dated 25 February 1997 do not constitute a determination reflecting current market value as at 2 July 1993.