CINE-UK LIMITED AGAINST UNION SQUARE DEVELOPMENTS LIMITED [2019] ScotCS CSOH_3 (10 January 2019)

CINE-UK LIMITED AGAINST UNION SQUARE DEVELOPMENTS LIMITED [2019] ScotCS CSOH_3 (10 January 2019)

The lease's finality clause unambiguously confers exclusive jurisdiction on the surveyor to determine both fact and law, ousting the court's jurisdiction to review the determination for alleged errors of law. The surveyor addressed the correct question (ascertaining open market rent), and no discernible error of law is disclosed. The pursuers' action is incompetent and irrelevant.

Citation
[2019] ScotCS CSOH_3
Parties
Pursuer: CINE-UK LIMITED; Defender: UNION SQUARE DEVELOPMENTS LIMITED
Jurisdiction
Scotland
Judgment Date
10 January 2019
Procedural Posture
Commercial Lease Dispute / Motion to Dismiss for Incompetency and Relevancy
Outcome
action dismissed as incompetent
Legal Topics
Rent Review, Expert Determination, Ouster Clauses, Contractual Construction
Contract Law Property Law Commercial Leases Rent Review Expert Determination Ouster Clauses Contractual Construction

Case Brief

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Parties

CINE-UK LIMITED

Pursuer

UNION SQUARE DEVELOPMENTS LIMITED

Defender

Procedural Posture

Commercial Lease Dispute / Motion to Dismiss for Incompetency and Relevancy

Legal Issues

  1. 1 Whether the court has jurisdiction to review an expert determination under a lease with a finality clause covering fact and law
  2. 2 Whether the surveyor erred in law by misinterpreting clause 2.2.6 of part 4 of the lease
  3. 3 Whether the pursuers' interpretation of the lease is available as a matter of law

Ratio Decidendi

The lease's finality clause unambiguously confers exclusive jurisdiction on the surveyor to determine both fact and law, ousting the court's jurisdiction to review the determination for alleged errors of law. The surveyor addressed the correct question (ascertaining open market rent), and no discernible error of law is disclosed. The pursuers' action is incompetent and irrelevant.

Court Disposition

action dismissed as incompetent

Orders

  • defenders' motions granted
  • question of expenses reserved