RAMOYLE DEVELOPMENTS LIMITED AGAINST SCOTTISH BORDERS COUNCIL [2019] ScotCS CSOH_1 (08 January 2019)

RAMOYLE DEVELOPMENTS LIMITED AGAINST SCOTTISH BORDERS COUNCIL [2019] ScotCS CSOH_1 (08 January 2019)

Submission of the planning application through the Planning Authority's online portal, in accordance with the system's requirements, constituted 'submission' under the contract, even though the fee had not yet been received. The defender was not entitled to rescind the contract on the basis of non-payment of the fee by the deadline.

Citation
[2019] ScotCS CSOH_1
Parties
Pursuer: Ramoyle Developments Limited; Defender: Scottish Borders Council
Jurisdiction
Scotland
Judgment Date
08 January 2019
Procedural Posture
Commercial Contract Dispute / Opinion on Entitlement to Rescind Contract
Outcome
Defender not entitled to rescind; case put out by order for further procedure.
Legal Topics
Interpretation of Commercial Contracts, Planning Application Procedures, Rescission of Contract
Contract Law Planning Law Interpretation of Commercial Contracts Planning Application Procedures Rescission of Contract

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Parties

Ramoyle Developments Limited

Pursuer

Scottish Borders Council

Defender

Procedural Posture

Commercial Contract Dispute / Opinion on Entitlement to Rescind Contract

Legal Issues

  1. 1 Whether submission of a planning application online without payment of the fee constitutes 'submission' under the contract
  2. 2 Whether the defender was entitled to rescind the missives for alleged non-compliance

Ratio Decidendi

Submission of the planning application through the Planning Authority's online portal, in accordance with the system's requirements, constituted 'submission' under the contract, even though the fee had not yet been received. The defender was not entitled to rescind the contract on the basis of non-payment of the fee by the deadline.

Court Disposition

Defender not entitled to rescind; case put out by order for further procedure.

Orders

  • Case put out by order for discussion as to the appropriate order and further procedure.
  • All questions of expenses reserved.