Morris v Highland Spring Ltd [1998] ScotCS 69 (18 November 1998)

Morris v Highland Spring Ltd [1998] ScotCS 69 (18 November 1998)

The pursuer must provide further specification in his pleadings regarding the work done and expenses claimed to give fair notice to the defenders. The contractual fee ceiling does not apply to additional services instructed under clause 6; the pursuer is entitled to claim fees for such additional services over and above the stated ceilings.

Citation
[1998] ScotCS 69
Parties
Pursuer: Gordon Morris carrying on practice as Morris Engineering Design Services; Defender: Highland Spring Ltd
Jurisdiction
Scotland
Judgment Date
18 November 1998
Procedural Posture
Civil / Procedure Roll (pleadings Challenge)
Outcome
Case put out By Order for further specification by the pursuer.
Legal Topics
Construction of Contract, Payment for Services, Specification of Pleadings, Contractual Ceilings, Additional Services Under Contract
Contract Law Commercial Law Construction of Contract Payment for Services Specification of Pleadings Contractual Ceilings Additional Services Under Contract

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 13
Sign in to unlock

Parties

Gordon Morris carrying on practice as Morris Engineering Design Services

Pursuer

Highland Spring Ltd

Defender

Procedural Posture

Civil / Procedure Roll (pleadings Challenge)

Legal Issues

  1. 1 Whether the pursuer's pleadings provide sufficient specification to entitle him to proof before answer for contractual and extra-contractual claims
  2. 2 Whether the contract imposes a ceiling on fees for additional services instructed under clause 6

Ratio Decidendi

The pursuer must provide further specification in his pleadings regarding the work done and expenses claimed to give fair notice to the defenders. The contractual fee ceiling does not apply to additional services instructed under clause 6; the pursuer is entitled to claim fees for such additional services over and above the stated ceilings.

Court Disposition

Case put out By Order for further specification by the pursuer.

Orders

  • Pursuer to provide further specification of work done and expenses claimed in pleadings.
  • Case to proceed to proof before answer subject to further specification.