NATIONAL HOUSE BUILDING COUNCIL v JOHN PENMAN AND ELIZABETH PENMAN [2014] ScotCS CSOH_120 (01 August 2014)

NATIONAL HOUSE BUILDING COUNCIL v JOHN PENMAN AND ELIZABETH PENMAN [2014] ScotCS CSOH_120 (01 August 2014)

There is no substantive defence to the claim as restricted to the 12 properties. The Penmans' arguments do not displace their liability under the personal guarantees, and issues regarding third parties, NHBC inspections, or financial hardship are not relevant defences to the claim.

Citation
[2014] ScotCS CSOH_120
Parties
Pursuer: National House Building Council; Defender: John Penman; Defender: Elizabeth Penman
Jurisdiction
Scotland
Judgment Date
01 August 2014
Procedural Posture
Civil / Summary Decree (judgment on the Pleadings)
Outcome
summary decree granted for payment
Legal Topics
Personal Guarantees, Builder Liability, Remedial Works, Summary Judgment
Contract Law Guarantee Law Construction Law Personal Guarantees Builder Liability Remedial Works Summary Judgment

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Parties

National House Building Council

Pursuer

John Penman

Defender

Elizabeth Penman

Defender

Procedural Posture

Civil / Summary Decree (judgment on the Pleadings)

Legal Issues

  1. 1 Whether Mr and Mrs Penman are liable under personal guarantees for the company's obligations to NHBC
  2. 2 Whether there is a substantive defence to the NHBC's claim for remedial costs

Ratio Decidendi

There is no substantive defence to the claim as restricted to the 12 properties. The Penmans' arguments do not displace their liability under the personal guarantees, and issues regarding third parties, NHBC inspections, or financial hardship are not relevant defences to the claim.

Court Disposition

summary decree granted for payment

Orders

  • Summary decree granted against John Penman and Elizabeth Penman for payment of £300,550.06 to NHBC.
  • NHBC to inform the court within one month whether it intends to proceed with claims relating to properties at 1, 32 and 36 Lyoncross.