EWEN JOHN MACPHERSON & Anor v MACQUEEN & Ors; [2015] ScotCS CSIH_60 (07 August 2015)

EWEN JOHN MACPHERSON & Anor v MACQUEEN & Ors; [2015] ScotCS CSIH_60 (07 August 2015)

The obligations in paragraph 7 of the missive letter dated 12 May 2010 were an intrinsic part of the contract of sale and purchase of Aisling Chailein, not a separate or collateral contract. Accordingly, clause 22 of the 2009 Conditions applied, and the action was time barred as it was not raised within two years of the date of entry.

Citation
[2015] ScotCS CSIH_60
Parties
Defender and Appellant: Ewen John Macpherson; Defender and Appellant: Lorraine Mary Anne Macaulay; Pursuer and Respondent: Richard Colin Macqueen; Pursuer and Respondent: Michael Iain Macqueen; Pursuer and Respondent: Yvonne Janette Macqueen
Jurisdiction
Scotland
Judgment Date
07 August 2015
Procedural Posture
Civil Appeal / Appeal From Interlocutor of Sheriff
Outcome
appeal allowed; decree of absolvitor pronounced
Legal Topics
Specific Implement, Time Bar, Missives, Servitude, Collateral Contract, Prescription
Contract Law Property Law Specific Implement Time Bar Missives Servitude Collateral Contract Prescription

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Parties

Ewen John Macpherson

Defender and Appellant

Lorraine Mary Anne Macaulay

Defender and Appellant

Richard Colin Macqueen

Pursuer and Respondent

Michael Iain Macqueen

Pursuer and Respondent

Yvonne Janette Macqueen

Pursuer and Respondent

Procedural Posture

Civil Appeal / Appeal From Interlocutor of Sheriff

Legal Issues

  1. 1 Whether the obligations in paragraph 7 of the missive letter dated 12 May 2010 were part of the contract of purchase and sale (the missives) or a separate/collateral contract
  2. 2 Whether the claim for specific implement and damages was time barred by clause 22 of the 2009 Conditions

Ratio Decidendi

The obligations in paragraph 7 of the missive letter dated 12 May 2010 were an intrinsic part of the contract of sale and purchase of Aisling Chailein, not a separate or collateral contract. Accordingly, clause 22 of the 2009 Conditions applied, and the action was time barred as it was not raised within two years of the date of entry.

Court Disposition

appeal allowed; decree of absolvitor pronounced

Orders

  • Appeal allowed
  • Sheriff’s interlocutor of 13 November 2014 recalled