ASHTEAD PLANT HIRE COMPANY LIMITED AGAINST GRANTON CENTRAL DEVELOPMENTS LIMITED [2018] ScotCS CSOH_107 (21 November 2018)

On a proper construction of the lease, the parties did not confer exclusive jurisdiction upon the expert to decide legal questions of construction regarding 'the leased subjects' and the assumptions and disregards. The court retains jurisdiction to entertain the action for declarator.

Citation: [2018] ScotCS CSOH_107
Parties: Pursuer: Ashtead Plant Hire Company Limited; Defender: Granton Central Developments Limited
Jurisdiction: Scotland
Judgment Date: 21 November 2018
Procedural Posture: Commercial Action / Jurisdictional Debate
Outcome: Court has jurisdiction; defender's plea of no jurisdiction repelled.
Legal Topics: Lease Interpretation, Expert Determination, Rent Review, Jurisdiction of Court

Property Law Contract Law Lease Interpretation Expert Determination Rent Review Jurisdiction of Court

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 18 Party arguments 2

Parties

Ashtead Plant Hire Company Limited

Pursuer

Granton Central Developments Limited

Defender

Procedural Posture

Commercial Action / Jurisdictional Debate

Legal Issues

1 Whether the court has jurisdiction to determine disputed questions of lease construction regarding rent review provisions or if such matters fall within the exclusive jurisdiction of the expert appointed under the lease

Ratio Decidendi

Court Disposition

Court has jurisdiction; defender's plea of no jurisdiction repelled.

Orders

Sustain pursuer’s plea to relevancy regarding defender’s averments of no jurisdiction.
Repel defender’s plea of no jurisdiction.