SCOTTISH WATER BUSINESS STREAM LIMITED AGAINST MR PETER SHARMA [2017] ScotSC 51 (23 December 2016)

The court found that the defender was liable for the outstanding water charges as claimed by the pursuer, as no valid defence was established and the contractual liability was clear.

Citation: [2017] ScotSC 51
Parties: Pursuer: Scottish Water Business Stream Limited; Defender: Mr Peter Sharma
Jurisdiction: Scotland
Judgment Date: 23 December 2016
Procedural Posture: Civil / Judgment
Outcome: decree granted for pursuer
Legal Topics: Debt Recovery, Non Payment of Commercial Water Charges

Contract Law Commercial Law Debt Recovery Non Payment of Commercial Water Charges

Case Brief

Summary, issues, holding and outcome

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Parties

Scottish Water Business Stream Limited

Pursuer

Mr Peter Sharma

Defender

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether the defender is liable for unpaid water charges under a commercial contract

Ratio Decidendi

The court found that the defender was liable for the outstanding water charges as claimed by the pursuer, as no valid defence was established and the contractual liability was clear.

Court Disposition

decree granted for pursuer

Orders

Defender to pay the sum claimed to the pursuer
Interest awarded as applicable