Jenkins v. Gascoigne [1907] ScotLR 861 (13 July 1907)

Jenkins v. Gascoigne [1907] ScotLR 861 (13 July 1907)

Once the lease was terminated and the tenant was no longer in occupation, a remit to a man of skill to inspect the fences would serve no useful purpose, as any remaining dispute was limited to damages and not to ongoing repair obligations. The summary application procedure was therefore inapplicable and incompetent in these circumstances.

Citation
[1907] ScotLR 861
Parties
Pursuer: William Jenkins; Defender: Colonel Gascoigne
Jurisdiction
Scotland
Judgment Date
13 July 1907
Procedural Posture
Appeal From Sheriff Court (summary Application) / Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Lease Termination, Repair of Fences, Summary Application, Competency of Remit to Man of Skill
Landlord and Tenant Property Law Civil Procedure Lease Termination Repair of Fences Summary Application Competency of Remit to Man of Skill

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Parties

William Jenkins

Pursuer

Colonel Gascoigne

Defender

Procedural Posture

Appeal From Sheriff Court (summary Application) / Appeal Judgment

Legal Issues

  1. 1 Whether a remit to a man of skill to inspect and report on the condition of farm fences is competent after the lease has been terminated by the landlord exercising a break clause.
  2. 2 Whether the summary application procedure is appropriate in the circumstances where the tenant is no longer in occupation except for a small portion.

Ratio Decidendi

Once the lease was terminated and the tenant was no longer in occupation, a remit to a man of skill to inspect the fences would serve no useful purpose, as any remaining dispute was limited to damages and not to ongoing repair obligations. The summary application procedure was therefore inapplicable and incompetent in these circumstances.

Court Disposition

appeal dismissed

Orders

  • petition dismissed
  • no remit to man of skill granted