McGhie & Anor v Dunedin Property Investment Company Ltd [1998] ScotCS 53 (5 November 1998)

McGhie & Anor v Dunedin Property Investment Company Ltd [1998] ScotCS 53 (5 November 1998)

The pursuers established a prima facie case that the notice of termination was valid despite deficiencies, as the lease's notice requirements were directory, not mandatory, and service on the landlord's agents could be sufficient. The balance of convenience overwhelmingly favoured the pursuers due to the severe consequences of diligence proceeding against them.

Citation
[1998] ScotCS 53
Parties
Pursuer: David Alexander McGhie; Pursuer: Edward Alexander Crozier; Defender: Dunedin Property Investment Company Limited
Jurisdiction
Scotland
Judgment Date
05 November 1998
Procedural Posture
Civil (lease Dispute) / Interim Orders (before Calling)
Outcome
interim orders granted
Legal Topics
Lease Termination, Notices Under Lease, Interim Interdict, Summary Diligence
Property Law Contract Law Lease Termination Notices Under Lease Interim Interdict Summary Diligence

Case Brief

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Parties

David Alexander McGhie

Pursuer

Edward Alexander Crozier

Pursuer

Dunedin Property Investment Company Limited

Defender

Procedural Posture

Civil (lease Dispute) / Interim Orders (before Calling)

Legal Issues

  1. 1 Whether the notice of termination served by the pursuers was valid under the lease terms
  2. 2 Whether service of notice on the landlord's agents was sufficient
  3. 3 Whether deficiencies in the notice (address, clause reference, recipient) were fatal to its validity

Ratio Decidendi

The pursuers established a prima facie case that the notice of termination was valid despite deficiencies, as the lease's notice requirements were directory, not mandatory, and service on the landlord's agents could be sufficient. The balance of convenience overwhelmingly favoured the pursuers due to the severe consequences of diligence proceeding against them.

Court Disposition

interim orders granted

Orders

  • Interim suspension of charges granted
  • Interim interdict against further diligence granted in respect of Conclusions 2, 3 and 4