IPCC Ltd v Caledonian Quarry Products Ltd [2000] ScotCS 273 (3 November 2000)

IPCC Ltd v Caledonian Quarry Products Ltd [2000] ScotCS 273 (3 November 2000)

Clause 15.4 of the Agreement provides a specific mechanism for changing the list of specified employees by agreement between the Vendor and Purchaser, and such changes do not constitute a 'variation' requiring compliance with Clause 23.2. Therefore, oral agreement between the Vendor and Purchaser is sufficient to effect such changes.

Citation
[2000] ScotCS 273
Parties
Pursuer: IPCC Limited; Defender: Caledonian Quarry Products Limited
Jurisdiction
Scotland
Judgment Date
03 November 2000
Procedural Posture
Commercial Contract Dispute / Interlocutory Decision on Relevancy of Defences; Not Final Judgment
Outcome
Case put out By Order for further discussion; proof before answer allowed on the factual issue of oral agreement; expenses reserved
Legal Topics
Variation of Contract, Interpretation of Contractual Clauses, Redundancy Payments, Oral Vs Written Agreements
Contract Law Employment Law Variation of Contract Interpretation of Contractual Clauses Redundancy Payments Oral Vs Written Agreements

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Parties

IPCC Limited

Pursuer

Caledonian Quarry Products Limited

Defender

Procedural Posture

Commercial Contract Dispute / Interlocutory Decision on Relevancy of Defences; Not Final Judgment

Legal Issues

  1. 1 Whether changes to the list of specified employees under Clause 15.4 required compliance with Clause 23.2 (written, executed variation) or could be made by oral agreement between Vendor and Purchaser
  2. 2 Whether oral agreement to substitute employees was effective to exhaust the Redundancy Compensation Fund

Ratio Decidendi

Clause 15.4 of the Agreement provides a specific mechanism for changing the list of specified employees by agreement between the Vendor and Purchaser, and such changes do not constitute a 'variation' requiring compliance with Clause 23.2. Therefore, oral agreement between the Vendor and Purchaser is sufficient to effect such changes.

Court Disposition

Case put out By Order for further discussion; proof before answer allowed on the factual issue of oral agreement; expenses reserved

Orders

  • Case to be put out By Order for discussion of future procedure
  • Proof before answer allowed on the issue of oral agreement to substitute employees