Secretary Of State For Scotland v Associated Asphalt UK Ltd [2000] ScotCS 43 (17 February 2000)

Secretary Of State For Scotland v Associated Asphalt UK Ltd [2000] ScotCS 43 (17 February 2000)

The defenders failed to prove that any instruction to remove the CITRAC cable was given by a person with contractual authority. The removal of the cable was therefore a breach of contract, and the pursuer is entitled to damages for the cost of repair.

Citation
[2000] ScotCS 43
Parties
Pursuer: Secretary of State for Scotland; Defender: Associated Asphalt UK Ltd
Jurisdiction
Scotland
Judgment Date
17 February 2000
Procedural Posture
Civil / Judgment After Proof
Outcome
Judgment for the pursuer
Legal Topics
Breach of Contract, Authority of Agents, Damages, Public Procurement
Contract Law Breach of Contract Authority of Agents Damages Public Procurement

Case Brief

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Parties

Secretary of State for Scotland

Pursuer

Associated Asphalt UK Ltd

Defender

Procedural Posture

Civil / Judgment After Proof

Legal Issues

  1. 1 Whether the defenders breached the contract by removing and damaging the CITRAC cable
  2. 2 Whether any instruction authorising removal of the cable was given by a person with authority under the contract
  3. 3 Whether the pursuer is entitled to damages for the cost of repair

Ratio Decidendi

The defenders failed to prove that any instruction to remove the CITRAC cable was given by a person with contractual authority. The removal of the cable was therefore a breach of contract, and the pursuer is entitled to damages for the cost of repair.

Court Disposition

Judgment for the pursuer

Orders

  • Decree for payment by the defenders to the pursuer of £13,169.23 with interest at 8% per annum from 1 November 1996 until payment
  • Defenders' pleas-in-law repelled