Jamieson v Watt's Trustees [1950] ScotCS CSIH_2 (29 March 1950)

Jamieson v Watt's Trustees [1950] ScotCS CSIH_2 (29 March 1950)

Where a party seeks relief for his own breach of statutory regulation in carrying out building works, the courts will not lend their aid to enforce payment or grant equitable remedies such as quantum meruit or recompense; the loss falls where it lights, and the party in breach cannot recover.

Citation
[1950] ScotCS CSIH_2
Parties
Pursuer: Jamieson; Defender: Watt's Trustee
Jurisdiction
Scotland
Judgment Date
29 March 1950
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Illegality in Contract, Statutory Regulation of Building Operations, Quantum Meruit, Recompense, Public Policy
Construction Law Contract Law Public Law Illegality in Contract Statutory Regulation of Building Operations Quantum Meruit Recompense Public Policy

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Parties

Jamieson

Pursuer

Watt's Trustee

Defender

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the pursuer's claim for payment for unlicensed building works can be enforced despite breach of statutory regulation
  2. 2 Whether equitable remedies such as quantum meruit or recompense are available in cases of statutory illegality

Ratio Decidendi

Where a party seeks relief for his own breach of statutory regulation in carrying out building works, the courts will not lend their aid to enforce payment or grant equitable remedies such as quantum meruit or recompense; the loss falls where it lights, and the party in breach cannot recover.

Court Disposition

appeal dismissed

Orders

  • No payment to pursuer for unlicensed works
  • Defender to pay for licensed work (£43, 7s. 7d.)