Esso Petroleum Company Ltd v Gardner [1998] ScotCS 54 (5 November 1998)

The pursuers established a prima facie case for termination based on the defender's failure to honour direct debits on two occasions, as required by the agreement, justifying interim interdict and interim possession.

Citation: [1998] ScotCS 54
Parties: Pursuer: Esso Petroleum Company Limited; Defender: James Gardner
Jurisdiction: Scotland
Judgment Date: 05 November 1998
Procedural Posture: Civil / Interim Motion for Interdict and Possession
Outcome: interim interdict and interim possession granted to pursuers
Legal Topics: Termination of Licence, Breach of Contract, Interim Interdict, Possession of Property

Contract Law Commercial Law Termination of Licence Breach of Contract Interim Interdict Possession of Property

Case Brief

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Parties

Esso Petroleum Company Limited

Pursuer

James Gardner

Defender

Procedural Posture

Civil / Interim Motion for Interdict and Possession

Legal Issues

1 Whether the pursuers were entitled to terminate the Partnership Licence Agreement forthwith for failure to honour direct debits
2 Whether the defender had any lawful claim to remain in possession of the service station after termination
3 Whether interim interdict and interim possession should be granted

Ratio Decidendi

Court Disposition

interim interdict and interim possession granted to pursuers

Orders

Interim interdict granted against the defender entering the service station.
Interim order granted restoring possession and occupation of the service station to the pursuers.