Fordell Estates Ltd v Deloitte LLP [2014] ScotCS CSOH_55 (21 March 2014)

No binding contract was concluded as the parties did not manifest an intention to be immediately bound; the requirement for evidence of works being carried out remained unmet and was not waived.

Citation: [2014] ScotCS CSOH_55
Parties: Pursuer: Fordell Estates Limited; Defender: Deloitte LLP
Jurisdiction: Scotland
Judgment Date: 21 March 2014
Procedural Posture: Civil / Judgment
Outcome: claim refused
Legal Topics: Formation of Contract, Dilapidations, Settlement Agreements

Contract Law Property Law Formation of Contract Dilapidations Settlement Agreements

Case Brief

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Parties

Fordell Estates Limited

Pursuer

Deloitte LLP

Defender

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether a binding settlement agreement was concluded between the parties regarding dilapidations claim
2 Whether the requirement for evidence of works being carried out was a condition precedent to settlement

Ratio Decidendi

No binding contract was concluded as the parties did not manifest an intention to be immediately bound; the requirement for evidence of works being carried out remained unmet and was not waived.

Court Disposition

claim refused