Flockhart v GA Properties Ltd [2001] ScotCS 250 (6 November 2001)

Flockhart v GA Properties Ltd [2001] ScotCS 250 (6 November 2001)

Tenant's liability under Clause 6.3 is subject to exceptions, and the onus is on tenant to establish those exceptions; insufficient specification by pursuer but proof before answer allowed regarding liability under Clause 6.3.

Citation
[2001] ScotCS 250
Parties
Pursuer: Mrs Alice Flockhart; Defender: G A Properties Ltd
Jurisdiction
Scotland
Judgment Date
06 November 2001
Procedural Posture
Civil / Proof Before Answer
Outcome
Proof before answer allowed on liability under Clause 6.3; irrelevant averments excluded; pleas-in-law repelled or sustained as noted.
Legal Topics
Repair Obligations, Lease Conditions, Diminution in Value
Property Law Contract Law Repair Obligations Lease Conditions Diminution in Value

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Parties

Mrs Alice Flockhart

Pursuer

G A Properties Ltd

Defender

Procedural Posture

Civil / Proof Before Answer

Legal Issues

  1. 1 Effect of Clause 6.3 in lease regarding tenant's repair obligations
  2. 2 Specification of deterioration and liability for repairs
  3. 3 Onus of proof for exceptions to tenant's liability

Ratio Decidendi

Tenant's liability under Clause 6.3 is subject to exceptions, and the onus is on tenant to establish those exceptions; insufficient specification by pursuer but proof before answer allowed regarding liability under Clause 6.3.

Court Disposition

Proof before answer allowed on liability under Clause 6.3; irrelevant averments excluded; pleas-in-law repelled or sustained as noted.

Orders

  • Proof before answer allowed for pursuer's averments relating to Clause 6.3.
  • Averments relating to Clause 7 and 1991 agreement excluded from probation.