EOP II PROP CO III S.A.R.L. AGAINST CARPETRIGHT PLC [2019] ScotCS CSOH_40 (17 May 2019)

EOP II PROP CO III S.A.R.L. AGAINST CARPETRIGHT PLC [2019] ScotCS CSOH_40 (17 May 2019)

Clause 35.1 of the CVA unambiguously requires that notices to both the Company and Supervisors must be addressed to the Supervisors. The Supervisors are agents for the Company regarding receipt of such notices. The Notice to Vacate served on the Supervisors was valid and effective for the purposes of clause 10.8. The pursuer complied with clause 10.9 by confirming the means of lease determination in the Notice to Vacate.

Citation
[2019] ScotCS CSOH_40
Parties
Pursuer: EOP II PROP CO III S. A. R. L.; Defender: Carpetright PLC
Jurisdiction
Scotland
Judgment Date
17 May 2019
Procedural Posture
Commercial Lease Dispute / Debate on Preliminary Pleas Regarding Relevancy of Pleadings
Outcome
Defender's averments held irrelevant; matter to be put out by order for further submissions on disposal.
Legal Topics
Interpretation of Contractual Notice Provisions, Company Voluntary Arrangement (cva), Agency in Receipt of Notices, Lease Termination Procedures
Contract Law Insolvency Law Property Law Interpretation of Contractual Notice Provisions Company Voluntary Arrangement (cva) Agency in Receipt of Notices Lease Termination Procedures

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Parties

EOP II PROP CO III S. A. R. L.

Pursuer

Carpetright PLC

Defender

Procedural Posture

Commercial Lease Dispute / Debate on Preliminary Pleas Regarding Relevancy of Pleadings

Legal Issues

  1. 1 Correct interpretation of clauses 10.8, 25, and 35 of the CVA
  2. 2 Whether Notice to Vacate required delivery directly to the defender
  3. 3 Whether service on CVA Supervisors constitutes service on the defender

Ratio Decidendi

Clause 35.1 of the CVA unambiguously requires that notices to both the Company and Supervisors must be addressed to the Supervisors. The Supervisors are agents for the Company regarding receipt of such notices. The Notice to Vacate served on the Supervisors was valid and effective for the purposes of clause 10.8. The pursuer complied with clause 10.9 by confirming the means of lease determination in the Notice to Vacate.

Court Disposition

Defender's averments held irrelevant; matter to be put out by order for further submissions on disposal.

Orders

  • Matter put out by order; no final interlocutor pronounced pending further submissions.