Wilkie v Scottish Aviation [1956] ScotCS CSIH_1 (24 February 1956)

A proof before answer is allowed to determine whether a custom exists binding the defenders to pay according to the Schedule of Professional Charges; quantum meruit is excluded from probation as not relevantly averred.

Citation: [1956] ScotCS CSIH_1
Parties: Pursuer: Wilkie; Defender: Scottish Aviation Limited
Jurisdiction: Scotland
Judgment Date: 24 February 1956
Procedural Posture: Civil / Reclaiming Motion Against Interlocutor Allowing Proof Before Answer
Outcome: Proof before answer allowed; quantum meruit excluded from probation.
Legal Topics: Implied Terms, Custom and Usage, Professional Remuneration, Quantum Meruit

Contract Law Employment Law Implied Terms Custom and Usage Professional Remuneration Quantum Meruit

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2 Amounts and remedies 5

Parties

Wilkie

Pursuer

Scottish Aviation Limited

Defender

Procedural Posture

Civil / Reclaiming Motion Against Interlocutor Allowing Proof Before Answer

Legal Issues

1 Whether, in the absence of express agreement, the pursuer is entitled to remuneration based on the Royal Institution of Chartered Surveyors' Schedule of Professional Charges or on a quantum meruit basis.
2 Whether a custom exists in the profession binding the employer to pay according to the Schedule.

Ratio Decidendi

Court Disposition

Proof before answer allowed; quantum meruit excluded from probation.

Orders

Allow proof before answer on the issue of custom regarding the Schedule of Professional Charges.
Exclude quantum meruit from probation.