Minevco Ltd v Barratt Southern Ltd [2000] ScotCS 72 (16 March 2000)

Minevco Ltd v Barratt Southern Ltd [2000] ScotCS 72 (16 March 2000)

The pursuers' averments, if proved, could establish that the time limit in the lease was departed from by agreement or waiver through the parties' conduct after 1986, and that the defenders remained under an obligation to erect buildings. The case should proceed to proof to determine these factual matters.

Citation
[2000] ScotCS 72
Parties
Pursuers and Respondents: Minevco Limited; Defenders and Reclaimers: Barratt Southern Limited
Jurisdiction
Scotland
Judgment Date
16 March 2000
Procedural Posture
Reclaiming Motion (appeal) in Civil Action / Interlocutory Appeal Against Allowance of Proof Before Answer
Outcome
Reclaiming motion refused; interlocutor of the Lord Ordinary adhered to.
Legal Topics
Variation and Waiver of Contract Terms, Enforceability of Lease Obligations, Best Endeavours Clauses, Planning Permission and Development Obligations
Contract Law Property Law Landlord and Tenant Variation and Waiver of Contract Terms Enforceability of Lease Obligations Best Endeavours Clauses Planning Permission and Development Obligations

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Parties

Minevco Limited

Pursuers and Respondents

Barratt Southern Limited

Defenders and Reclaimers

Procedural Posture

Reclaiming Motion (appeal) in Civil Action / Interlocutory Appeal Against Allowance of Proof Before Answer

Legal Issues

  1. 1 Whether the defenders remained under an enforceable obligation to erect buildings after the expiry of the contractual time limit in the lease
  2. 2 Whether the conduct of the parties amounted to a variation or waiver of the time limit in the lease
  3. 3 Whether the lease clause was sufficiently specific to be enforceable

Ratio Decidendi

The pursuers' averments, if proved, could establish that the time limit in the lease was departed from by agreement or waiver through the parties' conduct after 1986, and that the defenders remained under an obligation to erect buildings. The case should proceed to proof to determine these factual matters.

Court Disposition

Reclaiming motion refused; interlocutor of the Lord Ordinary adhered to.

Orders

  • Proof before answer allowed on the pursuers' averments; case to proceed to enquiry.