Soccer Savings (Scotland) Ltd v Scottish Building Society [2013] ScotCS CSOH_51 (02 April 2013)

Soccer Savings (Scotland) Ltd v Scottish Building Society [2013] ScotCS CSOH_51 (02 April 2013)

SSSL's use of personal data in breach of statutory data protection obligations was a material breach of contract, going to the heart of the agreement, and entitled SBS to terminate. There was no actionable misrepresentation by SSSL inducing the contract. SSSL was not entitled to damages; SBS's counterclaim based on misrepresentation failed.

Citation
[2013] ScotCS CSOH_51
Parties
Pursuer: Soccer Savings (Scotland) Limited; Defender: Scottish Building Society
Jurisdiction
Scotland
Judgment Date
02 April 2013
Procedural Posture
Civil Breach of Contract / Judgment After Proof (trial) on Liability, Quantum Reserved
Outcome
Decree of absolvitor for the defender in the principal action and in the counterclaim.
Legal Topics
Breach of Contract, Material Breach, Termination of Contract, Data Protection Compliance, Misrepresentation, Damages, Counterclaim
Contract Law Data Protection Law Breach of Contract Material Breach Termination of Contract Data Protection Compliance Misrepresentation Damages +1 more

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Parties

Soccer Savings (Scotland) Limited

Pursuer

Scottish Building Society

Defender

Procedural Posture

Civil Breach of Contract / Judgment After Proof (trial) on Liability, Quantum Reserved

Legal Issues

  1. 1 Whether SSSL was in material breach of contract entitling SBS to terminate the agreement
  2. 2 Whether SSSL made actionable misrepresentations inducing the contract
  3. 3 Whether SBS was entitled to withhold commission and/or recover sums paid

Ratio Decidendi

SSSL's use of personal data in breach of statutory data protection obligations was a material breach of contract, going to the heart of the agreement, and entitled SBS to terminate. There was no actionable misrepresentation by SSSL inducing the contract. SSSL was not entitled to damages; SBS's counterclaim based on misrepresentation failed.

Court Disposition

Decree of absolvitor for the defender in the principal action and in the counterclaim.

Orders

  • Pursuer's claims dismissed (decree of absolvitor)
  • Defender's counterclaim dismissed (decree of absolvitor)