BNP Paribas Securities Services Trust Company (Jersey) Ltd & Anor v Mothercare (UK) Ltd [2015] ScotCS CSOH_47 (22 April 2015)

BNP Paribas Securities Services Trust Company (Jersey) Ltd & Anor v Mothercare (UK) Ltd [2015] ScotCS CSOH_47 (22 April 2015)

The reporter made no error of law in his assessment of the costs for strip out works and bronze window replacement. There was no overlap or double counting in the sums for strip out works, and the reporter provided adequate reasoning. For the bronze windows, the reporter was entitled to rely on the market-tested tender, and his professional judgment was properly exercised. The objections raised by the defender do not disclose any legal error.

Citation
[2015] ScotCS CSOH_47
Parties
Pursuer: BNP Paribas Securities Services Trust Company (Jersey) Limited; Pursuer: BNP Paribas Securities Services Trust Company Limited (as Trustees of Threadneedle Property Unit Trust); Defender: Mothercare (UK) Limited
Jurisdiction
Scotland
Judgment Date
22 April 2015
Procedural Posture
Civil / Interlocutory Directions on Objections to Expert Report
Outcome
Objections repelled; reporter to proceed to final report, subject to item 27.
Legal Topics
Dilapidations, Remit to Expert, Scope of Legal Challenge to Expert Report, Reasonableness of Costs
Property Law Landlord and Tenant Dilapidations Remit to Expert Scope of Legal Challenge to Expert Report Reasonableness of Costs

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Parties

BNP Paribas Securities Services Trust Company (Jersey) Limited

Pursuer

BNP Paribas Securities Services Trust Company Limited (as Trustees of Threadneedle Property Unit Trust)

Pursuer

Mothercare (UK) Limited

Defender

Procedural Posture

Civil / Interlocutory Directions on Objections to Expert Report

Legal Issues

  1. 1 Whether the reporter (expert) committed an error of law in assessing the reasonableness of costs for strip out works (item 308) and replacement of bronze windows (items 54-64)
  2. 2 Whether the reporter failed to provide adequate reasons or exercised independent judgment in his assessment

Ratio Decidendi

The reporter made no error of law in his assessment of the costs for strip out works and bronze window replacement. There was no overlap or double counting in the sums for strip out works, and the reporter provided adequate reasoning. For the bronze windows, the reporter was entitled to rely on the market-tested tender, and his professional judgment was properly exercised. The objections raised by the defender do not disclose any legal error.

Court Disposition

Objections repelled; reporter to proceed to final report, subject to item 27.

Orders

  • All objections (except item 27) repelled
  • Reporter to issue final report, subject to parties' confirmation on item 27