OUR GENERATION LIMITED AGAINST ABERDEEN CITY COUNCIL [2018] ScotCS CSOH_124 (21 December 2018)

OUR GENERATION LIMITED AGAINST ABERDEEN CITY COUNCIL [2018] ScotCS CSOH_124 (21 December 2018)

The pursuer failed to serve a written notice requiring payment that complied with clause 8.4.3 of the site agreements. The email and attached statement did not communicate the necessary intention to trigger default and termination, nor did they require payment in the manner stipulated by the contract. Strict compliance was required due to the drastic consequences of termination. As a result, the termination notices were invalid and the action must be dismissed.

Citation
[2018] ScotCS CSOH_124
Parties
Pursuer: Our Generation Limited; Defender: Aberdeen City Council
Jurisdiction
Scotland
Judgment Date
21 December 2018
Procedural Posture
Commercial Contract Dispute / Procedure Roll Debate, Motion to Dismiss
Outcome
action dismissed
Legal Topics
Termination of Contract, Notice Requirements, Interpretation of Contractual Provisions
Contract Law Commercial Law Termination of Contract Notice Requirements Interpretation of Contractual Provisions

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Parties

Our Generation Limited

Pursuer

Aberdeen City Council

Defender

Procedural Posture

Commercial Contract Dispute / Procedure Roll Debate, Motion to Dismiss

Legal Issues

  1. 1 Whether the pursuer validly terminated the site agreements under clause 8.4.3 by serving a written notice requiring payment
  2. 2 Whether the email and attached statement constituted a valid written notice under clause 8.4.3
  3. 3 Whether strict compliance with notice requirements is necessary given the drastic consequences of termination

Ratio Decidendi

The pursuer failed to serve a written notice requiring payment that complied with clause 8.4.3 of the site agreements. The email and attached statement did not communicate the necessary intention to trigger default and termination, nor did they require payment in the manner stipulated by the contract. Strict compliance was required due to the drastic consequences of termination. As a result, the termination notices were invalid and the action must be dismissed.

Court Disposition

action dismissed

Orders

  • Defender's motion to dismiss sustained
  • Action dismissed