LEGAL AND GENERAL ASSURANCE (PENSIONS MANAGEMENT) LTD AGAINST STEWART MILNE GROUP LTD [2023] ScotCS CSOH_82 (17 November 2023)

LEGAL AND GENERAL ASSURANCE (PENSIONS MANAGEMENT) LTD AGAINST STEWART MILNE GROUP LTD [2023] ScotCS CSOH_82 (17 November 2023)

Preliminary pleas-in-law sustained as per reasoning in basement action; specific averments excluded from probation; proof before answer allowed with all pleas standing.

Citation
[2023] ScotCS CSOH_82
Parties
Pursuer: Legal and General Assurance (Pensions Management) Limited; First Defender: Stewart Milne Group Limited; Second Defender: Halliday Fraser Munro; Third Defender: Halliday Fraser Munro Limited
Jurisdiction
Scotland
Judgment Date
17 November 2023
Procedural Posture
Commercial Action / Debate on Preliminary Pleas in Law
Outcome
Put out by order for discussion of interlocutors, further procedure, and expenses.
Legal Topics
Prescription, Specification, Relevancy, Collateral Warranty
Commercial Law Construction Law Prescription Specification Relevancy Collateral Warranty

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Parties

Legal and General Assurance (Pensions Management) Limited

Pursuer

Stewart Milne Group Limited

First Defender

Halliday Fraser Munro

Second Defender

Halliday Fraser Munro Limited

Third Defender

Procedural Posture

Commercial Action / Debate on Preliminary Pleas in Law

Legal Issues

  1. 1 Whether statutory prescription applies to SMG's obligations under collateral warranty
  2. 2 Whether section 11(3) of the 1973 Act applies to HFM
  3. 3 Whether pursuer can sue on a collateral warranty post-dating purchase of the building

Ratio Decidendi

Preliminary pleas-in-law sustained as per reasoning in basement action; specific averments excluded from probation; proof before answer allowed with all pleas standing.

Court Disposition

Put out by order for discussion of interlocutors, further procedure, and expenses.

Orders

  • Sustain SMG's first plea-in-law and exclude pursuer's averments regarding statutory prescription
  • Sustain HFM's first plea-in-law and exclude pursuer's averments regarding section 11(3) of the 1973 Act