Kilmarnock District Committee of the County Counsel of Ayr v. Somervell [1906] ScotLR 44_146 (27 November 1906)

Kilmarnock District Committee of the County Counsel of Ayr v. Somervell [1906] ScotLR 44_146 (27 November 1906)

The defender is not entitled to an absolute veto; he must consider submitted plans and state specific objections and grounds. If parties fail to agree, disputes fall under the general arbitration clause, not to the named arbiter, as the relevant clause applies only to engineering difficulties during execution, not to approval of original plans.

Citation
[1906] ScotLR 44_146
Parties
Pursuer: Kilmarnock District Committee of the County Council of Ayr; Defender: James Somervell; Trustee: James Scott Tait
Jurisdiction
Scotland
Judgment Date
27 November 1906
Procedural Posture
Civil / Appeal/reclaiming Motion
Outcome
Interlocutor of Lord Ordinary recalled; cause continued for arbitration if objections not resolved.
Legal Topics
Condition Precedent, Arbitration Clause, Approval of Plans, Public Authority Powers
Contract Law Public Health Law Condition Precedent Arbitration Clause Approval of Plans Public Authority Powers

Case Brief

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Parties

Kilmarnock District Committee of the County Council of Ayr

Pursuer

James Somervell

Defender

James Scott Tait

Trustee

Procedural Posture

Civil / Appeal/reclaiming Motion

Legal Issues

  1. 1 Whether the defender can absolutely veto approval of plans under the agreement
  2. 2 Whether disputes regarding approval of plans fall under the general arbitration clause or are to be referred to a named arbiter
  3. 3 Obligation of defender to state specific objections to plans

Ratio Decidendi

The defender is not entitled to an absolute veto; he must consider submitted plans and state specific objections and grounds. If parties fail to agree, disputes fall under the general arbitration clause, not to the named arbiter, as the relevant clause applies only to engineering difficulties during execution, not to approval of original plans.

Court Disposition

Interlocutor of Lord Ordinary recalled; cause continued for arbitration if objections not resolved.

Orders

  • Defender to consider plans and state specific objections and grounds by specified date.
  • If parties fail to agree, differences to be dealt with by arbitration under clause 4 of agreement.