PACCORD UK LTD AGAINST UNITED UK PROPCO 8 SARL [2021] ScotCS CSOH_125 (14 December 2021)

PACCORD UK LTD AGAINST UNITED UK PROPCO 8 SARL [2021] ScotCS CSOH_125 (14 December 2021)

Certain averments by the defender regarding non-receipt of insurance payments and lack of breach of contract are irrelevant to the pursuer's claim for lease termination and repayment of rent, as the lease clause operates independently of those factors. The pursuer's enjoyment of the premises is not dependent on actual occupation; if damage restricted or denied enjoyment, abatement applies. Waiver averments are excluded as irrelevant.

Citation
[2021] ScotCS CSOH_125
Parties
Pursuer: PACCOR UK LIMITED; Defender: UNITED UK PROPCO 8 SARL
Jurisdiction
Scotland
Judgment Date
14 December 2021
Procedural Posture
Commercial Action / Debate on Relevancy and Specification; Interlocutory Judgment
Outcome
Certain averments excluded from probation; case to proceed to proof before answer on remaining matters; by-order hearing to be fixed for further procedure.
Legal Topics
Lease Termination, Rent Abatement, Insurance Obligations, Malicious Damage, Waiver
Property Law Contract Law Commercial Leasing Lease Termination Rent Abatement Insurance Obligations Malicious Damage Waiver

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Parties

PACCOR UK LIMITED

Pursuer

UNITED UK PROPCO 8 SARL

Defender

Procedural Posture

Commercial Action / Debate on Relevancy and Specification; Interlocutory Judgment

Legal Issues

  1. 1 Whether malicious damage to leased premises triggered lease termination under the relevant clause
  2. 2 Whether tenant's enjoyment of premises was restricted or denied by the damage
  3. 3 Whether abatement of rent and service charge applied

Ratio Decidendi

Certain averments by the defender regarding non-receipt of insurance payments and lack of breach of contract are irrelevant to the pursuer's claim for lease termination and repayment of rent, as the lease clause operates independently of those factors. The pursuer's enjoyment of the premises is not dependent on actual occupation; if damage restricted or denied enjoyment, abatement applies. Waiver averments are excluded as irrelevant.

Court Disposition

Certain averments excluded from probation; case to proceed to proof before answer on remaining matters; by-order hearing to be fixed for further procedure.

Orders

  • Exclude specified averments from probation as identified in the judgment.
  • Fix a by-order hearing to determine further procedure and specific averments to be excluded.