THE CETNRE FOR MARITIME AND INDUSTRIAL SAFETY TECHNOLOGY Ltd AGAINST INEOS MANUFACTURING SCOTLAND Ltd [2015] ScotCS CSOH_104 (05 August 2015)

THE CETNRE FOR MARITIME AND INDUSTRIAL SAFETY TECHNOLOGY Ltd AGAINST INEOS MANUFACTURING SCOTLAND Ltd [2015] ScotCS CSOH_104 (05 August 2015)

The court found that the parties agreed to fund the additional project post from 1 September 2005, entitling the pursuers to payment for that period. The additional VQ management payment was only contractually agreed from 1 September 2006. For the 2006-07 year, the pursuers were entitled to the full management and VQ management fees less 25% of one-twelfth, reflecting reduced services in August due to early termination. The accommodation fee was limited to 11/12 of the annual sum, as the defenders bore the cost for August 2007. The defenders' counterclaim for overpayment was accepted in part, but the claim for £93,151 received by the pursuers from SEFV after contract termination was...

Citation
[2015] ScotCS CSOH_104
Parties
Pursuer: The Centre for Maritime and Industrial Safety Technology Limited; Defender: INEOS Manufacturing Scotland Limited
Jurisdiction
Scotland
Judgment Date
05 August 2015
Procedural Posture
Commercial Contract Dispute / Judgment After Proof (trial) on Remaining Issues and Counterclaim
Outcome
Judgment for pursuers in part; defenders succeed in part on counterclaim; parties to address court on arithmetic before final order.
Legal Topics
Contract Interpretation, Termination of Contract, Rectification, Quantum Meruit, Prescription, Restitution
Contract Law Unjust Enrichment Contract Interpretation Termination of Contract Rectification Quantum Meruit Prescription Restitution

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Parties

The Centre for Maritime and Industrial Safety Technology Limited

Pursuer

INEOS Manufacturing Scotland Limited

Defender

Procedural Posture

Commercial Contract Dispute / Judgment After Proof (trial) on Remaining Issues and Counterclaim

Legal Issues

  1. 1 Whether pursuers entitled to payment for additional project post for September and October 2005
  2. 2 Whether entitlement to additional VQ management payment commenced 1 September 2005 or 1 September 2006
  3. 3 Whether pursuers entitled to full year's fee for 2006-07 or reduced sum due to early termination

Ratio Decidendi

The court found that the parties agreed to fund the additional project post from 1 September 2005, entitling the pursuers to payment for that period. The additional VQ management payment was only contractually agreed from 1 September 2006. For the 2006-07 year, the pursuers were entitled to the full management and VQ management fees less 25% of one-twelfth, reflecting reduced services in August due to early termination. The accommodation fee was limited to 11/12 of the annual sum, as the defenders bore the cost for August 2007. The defenders' counterclaim for overpayment was accepted in part, but the claim for £93,151 received by the pursuers from SEFV after contract termination was...

Court Disposition

Judgment for pursuers in part; defenders succeed in part on counterclaim; parties to address court on arithmetic before final order.

Orders

  • Pursuers entitled to payment for additional project post from 1 September 2005.
  • Pursuers entitled to additional VQ management payment only from 1 September 2006.