PACCOR UK LTD AGAINST UNITED UK PROPCO 8 SARL [2021] ScotCS CSOH_124 (14 December 2021)

PACCOR UK LTD AGAINST UNITED UK PROPCO 8 SARL [2021] ScotCS CSOH_124 (14 December 2021)

The pursuer's averments regarding damage, intimation, and insurance obligations are sufficiently specified to proceed to proof; implied term regarding security and waiver averments are irrelevant; tenant's common law duty of reasonable care is excluded by lease terms; unjustified enrichment and fixture disputes require evidence and cannot be excluded at this stage.

Citation
[2021] ScotCS CSOH_124
Parties
Pursuer: PACCOR UK LIMITED; Defender: UNITED UK PROPCO 8 SARL
Jurisdiction
Scotland
Judgment Date
14 December 2021
Procedural Posture
Commercial Lease Dispute / Interlocutory Judgment on Relevancy and Specification
Outcome
Case proceeds to proof on most issues; certain averments excluded from probation.
Legal Topics
Lease Obligations, Insurance, Rent Abatement, Fixtures and Fittings, Waiver, Unjustified Enrichment
Property Law Contract Law Commercial Law Lease Obligations Insurance Rent Abatement Fixtures and Fittings Waiver +1 more

Case Brief

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Parties

PACCOR UK LIMITED

Pursuer

UNITED UK PROPCO 8 SARL

Defender

Procedural Posture

Commercial Lease Dispute / Interlocutory Judgment on Relevancy and Specification

Legal Issues

  1. 1 scope of landlord's insurance obligations under lease
  2. 2 definition of premises and coverage of fixtures/additions
  3. 3 requirements for intimation of insured risk damage

Ratio Decidendi

The pursuer's averments regarding damage, intimation, and insurance obligations are sufficiently specified to proceed to proof; implied term regarding security and waiver averments are irrelevant; tenant's common law duty of reasonable care is excluded by lease terms; unjustified enrichment and fixture disputes require evidence and cannot be excluded at this stage.

Court Disposition

Case proceeds to proof on most issues; certain averments excluded from probation.

Orders

  • By-order hearing to determine specific averments to be excluded from probation.
  • All questions of expenses reserved.