Hanover (Scotland) Housing Association Ltd for Judicial Review of a Decision of Michael Sandford, Arbiter [2002] ScotCS 2 (4th January, 2002)

Hanover (Scotland) Housing Association Ltd for Judicial Review of a Decision of Michael Sandford, Arbiter [2002] ScotCS 2 (4th January, 2002)

The arbiter's award is lawful and enforceable; the proposed variations to the deed of conditions do not create new or increased burdens but merely alter the method of management and accounting for common property. The petitioners, having agreed to arbitration and the mechanism for variation, are obliged to implement the award and record the altered deed of conditions as approved by the property council.

Citation
[2002] ScotCS 2
Parties
Petitioner: Hanover (Scotland) Housing Association Limited; First Respondent (arbiter): Michael Sandford; Second and Third Respondents: Second and Third Respondents (heritable proprietors at Millbrae Gardens)
Jurisdiction
Scotland
Procedural Posture
Judicial Review / Outer House, Court of Session, Opinion
Outcome
petition dismissed
Legal Topics
Variation of Deed of Conditions, Real Burdens, Arbitration Award Enforcement, Powers of Property Council, Management of Common Property
Property Law Arbitration Contract Law Variation of Deed of Conditions Real Burdens Arbitration Award Enforcement Powers of Property Council Management of Common Property

Case Brief

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Parties

Hanover (Scotland) Housing Association Limited

Petitioner

Michael Sandford

First Respondent (arbiter)

Second and Third Respondents (heritable proprietors at Millbrae Gardens)

Second and Third Respondents

Procedural Posture

Judicial Review / Outer House, Court of Session, Opinion

Legal Issues

  1. 1 Whether the arbiter's award requiring variation of the deed of conditions is lawful and enforceable
  2. 2 Whether the proposed variations impose new or increased burdens on proprietors
  3. 3 Whether the petitioners are obliged to implement the arbiter's award and record the altered deed of conditions

Ratio Decidendi

The arbiter's award is lawful and enforceable; the proposed variations to the deed of conditions do not create new or increased burdens but merely alter the method of management and accounting for common property. The petitioners, having agreed to arbitration and the mechanism for variation, are obliged to implement the award and record the altered deed of conditions as approved by the property council.

Court Disposition

petition dismissed

Orders

  • Petitioners' pleas-in-law repelled
  • Petition dismissed