Kenmore Homes (UK) Ltd v Cumming [2006] ScotCS CSOH_72 (09 May 2006)

Kenmore Homes (UK) Ltd v Cumming [2006] ScotCS CSOH_72 (09 May 2006)

Summary decree is granted for £22,751.25 as there is near certainty of absence of defence for agreed heads of claim, based on admissions and expert evidence. Remaining disputed items require further procedure.

Citation
[2006] ScotCS CSOH_72
Parties
Pursuer: Kenmore Homes (UK) Limited; Defender: Charles Edward Cumming
Jurisdiction
Scotland
Judgment Date
09 May 2006
Procedural Posture
Damages for Breach of Contract / Summary Decree Motion
Outcome
Summary decree granted in part; case continued for remaining claims.
Legal Topics
Breach of Contract, Damages, Summary Decree, Resiling From Missives, Heritable Property Sale
Contract Law Property Law Breach of Contract Damages Summary Decree Resiling From Missives Heritable Property Sale

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Parties

Kenmore Homes (UK) Limited

Pursuer

Charles Edward Cumming

Defender

Procedural Posture

Damages for Breach of Contract / Summary Decree Motion

Legal Issues

  1. 1 Is the defender liable for damages for breach of contract arising from failure to settle the purchase of heritable property?
  2. 2 What is the appropriate quantum of damages, including penalty interest, shortfall in price, incentives, and solicitors' fees?

Ratio Decidendi

Summary decree is granted for £22,751.25 as there is near certainty of absence of defence for agreed heads of claim, based on admissions and expert evidence. Remaining disputed items require further procedure.

Court Disposition

Summary decree granted in part; case continued for remaining claims.

Orders

  • Payment by defender to pursuers of £22,340.00 with interest at 8% per annum from 21 June 2005 until payment.
  • Payment by defender to pursuers of £411.25 with interest at 8% per annum from 22 July 2005 until payment.