GWR PROPERTY CO LTD AGAINST FORREST OUTDOOR MEDIA LTD [2022] ScotCS CSOH_14 (03 February 2022)

GWR PROPERTY CO LTD AGAINST FORREST OUTDOOR MEDIA LTD [2022] ScotCS CSOH_14 (03 February 2022)

The missives did not entitle the defender to challenge the completion certificate outside the express contractual procedure; no implied terms as contended for by the defender were warranted; however, the defender's averments of fraud and the request for reduction of the completion certificate raised a triable issue and could not be dismissed at this stage.

Citation
[2022] ScotCS CSOH_14
Parties
Pursuer: GWR Property Co Limited; Defender: Forrest Outdoor Media Limited
Jurisdiction
Scotland
Judgment Date
03 February 2022
Procedural Posture
Commercial Action (contractual Dispute) / Debate on Relevancy and Specification; Interlocutory Judgment
Outcome
Defender's contentions on construction and implied terms dismissed; issue of reduction of completion certificate on grounds of alleged fraud to proceed to proof.
Legal Topics
Interpretation of Contracts, Implied Terms, Fraudulent Misrepresentation, Reduction of Documents, Suspensive Conditions
Contract Law Commercial Law Interpretation of Contracts Implied Terms Fraudulent Misrepresentation Reduction of Documents Suspensive Conditions

Case Brief

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Parties

GWR Property Co Limited

Pursuer

Forrest Outdoor Media Limited

Defender

Procedural Posture

Commercial Action (contractual Dispute) / Debate on Relevancy and Specification; Interlocutory Judgment

Legal Issues

  1. 1 Whether the completion certificate was validly issued in accordance with the contract
  2. 2 Whether implied terms should be read into the missives
  3. 3 Whether the completion certificate was issued fraudulently and subject to reduction

Ratio Decidendi

The missives did not entitle the defender to challenge the completion certificate outside the express contractual procedure; no implied terms as contended for by the defender were warranted; however, the defender's averments of fraud and the request for reduction of the completion certificate raised a triable issue and could not be dismissed at this stage.

Court Disposition

Defender's contentions on construction and implied terms dismissed; issue of reduction of completion certificate on grounds of alleged fraud to proceed to proof.

Orders

  • By-order hearing to be fixed to identify averments to be excluded from probation and to address further procedure.
  • All questions of expenses reserved.