DUNDEE CITY COUNCIL, ANGUS COUNCIL AND PERTH AND KINROSS COUNCIL CARRYING ON BUSINESS TOGETHER UNDER THE NAME AND STYLE OF "TAYSIDE CONTRACTS" AGAINST D. GEDDES (CONTRACTORS) Ltd [2014] ScotCS CSOH_105 (01 July 2014)

DUNDEE CITY COUNCIL, ANGUS COUNCIL AND PERTH AND KINROSS COUNCIL CARRYING ON BUSINESS TOGETHER UNDER THE NAME AND STYLE OF "TAYSIDE CONTRACTS" AGAINST D. GEDDES (CONTRACTORS) Ltd [2014] ScotCS CSOH_105 (01 July 2014)

Although Tayside Contracts is not a separate legal person, the constituent councils acting together under its name are entitled to sue for damages arising from contracts entered into by the joint committee, as this is authorised by the relevant statutory provisions.

Source-derived case information.

Citation
[2014] ScotCS CSOH_105
Parties
Pursuer: Dundee City Council, Angus Council and Perth and Kinross Council carrying on business together under the name and style of 'Tayside Contracts'; Defender: D Geddes (Contractors) Limited
Jurisdiction
Scotland
Judgment Date
01 July 2014
Procedural Posture
Civil / Interlocutory (plea to Competency of Action)
Outcome
Defenders' first plea-in-law repelled; action to proceed to further hearing.
Legal Topics
Legal Personality of Joint Committees, Capacity to Sue and Be Sued, Statutory Interpretation, Breach of Contract, Public Sector Trading Organisations
Local Government Law Contract Law Civil Procedure Legal Personality of Joint Committees Capacity to Sue and Be Sued Statutory Interpretation Breach of Contract Public Sector Trading Organisations

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Parties

Dundee City Council, Angus Council and Perth and Kinross Council carrying on business together under the name and style of 'Tayside Contracts'

Pursuer

D Geddes (Contractors) Limited

Defender

Procedural Posture

Civil / Interlocutory (plea to Competency of Action)

Legal Issues

  1. 1 Whether Tayside Contracts, a joint committee of local authorities, has legal personality to sue and be sued
  2. 2 Whether the action as framed by the constituent councils under the name 'Tayside Contracts' is competent
  3. 3 Whether the relevant statutory framework authorises such litigation

Ratio Decidendi

Although Tayside Contracts is not a separate legal person, the constituent councils acting together under its name are entitled to sue for damages arising from contracts entered into by the joint committee, as this is authorised by the relevant statutory provisions.

Court Disposition

Defenders' first plea-in-law repelled; action to proceed to further hearing.

Orders

  • Repel defenders' first plea-in-law (incompetency)
  • Put case out for a hearing in terms of Rule of Court 47.12 to determine further procedure