THE HOWGATE SHOPPING CENTRE LIMITED v. PINWISE LIMITED [2001] ScotHC 100 (5th September, 2001)

THE HOWGATE SHOPPING CENTRE LIMITED v. PINWISE LIMITED [2001] ScotHC 100 (5th September, 2001)

It cannot be determined as a matter of relevancy that the pursuers' construction of the missives is unsound; whether HBJ acted as agents for Pinwise Limited and whether the qualified acceptance binds Pinwise Limited as guarantor can only be resolved after proof, with background circumstances admissible for construction.

Citation
[2001] ScotHC 100
Parties
Pursuer: The Howgate Shopping Centre Limited; Second Defender: Pinwise Limited
Jurisdiction
Scotland
Procedural Posture
Commercial Lease Dispute / Plea to Relevancy, Proof Before Answer Ordered
Outcome
Proof before answer allowed
Legal Topics
Guarantee Obligations, Lease Formation, Agency, Requirements of Writing (scotland) Act 1995
Contract Law Property Law Guarantee Obligations Lease Formation Agency Requirements of Writing (scotland) Act 1995

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Parties

The Howgate Shopping Centre Limited

Pursuer

Pinwise Limited

Second Defender

Procedural Posture

Commercial Lease Dispute / Plea to Relevancy, Proof Before Answer Ordered

Legal Issues

  1. 1 Whether Pinwise Limited is bound as guarantor under missives despite not being expressly named in acceptance
  2. 2 Whether missives comply with Requirements of Writing (Scotland) Act 1995
  3. 3 Admissibility of prior communings and subsequent conduct in contract construction

Ratio Decidendi

It cannot be determined as a matter of relevancy that the pursuers' construction of the missives is unsound; whether HBJ acted as agents for Pinwise Limited and whether the qualified acceptance binds Pinwise Limited as guarantor can only be resolved after proof, with background circumstances admissible for construction.

Court Disposition

Proof before answer allowed

Orders

  • Proof before answer on whole averments in summons and defences as adjusted and amended
  • Both parties' preliminary pleas to stand