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Contract law [2024] CSOH 99

Dale House Developments LTD against Brian C Ronnie and Ryden LLP (Court of Session)

Dale House Developments LTD against Brian C Ronnie and Ryden LLP (Court of Session) [2024] CSOH 99 (06 November 2024)

The Court of Session held that an independent valuer breached contract and professional duty by failing to properly cross-check a hotel valuation and consider market comparables.

  • Expert determination
  • Valuation of development land
  • Duties of independent valuer
  • Rics red book standards
  • Residual valuation method
  • Cross-checking with market comparables
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Contract law [2022] ScotCS CSOH_96

HELEN COLQUHOUN AND OTHERS AGAINST CLINICAL RESEARCH SOLUTIONS

HELEN COLQUHOUN AND OTHERS AGAINST CLINICAL RESEARCH SOLUTIONS [2022] ScotCS CSOH_96 (30 December 2022)

Court of Session decision on prescription and an earn-out claim under a share purchase agreement, with issues on expert determination, acknowledgment, and a parent-company guarantee.

  • Prescription
  • Share purchase agreement
  • Expert determination
  • Guarantee liability
  • Earn out consideration
  • Share-purchase-agreement
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Contract law [2022] ScotCS CSOH_73

PETITION OF DAVID MAGUIRE FOR JUDICIAL REVIEW

PETITION OF DAVID MAGUIRE FOR JUDICIAL REVIEW [2022] ScotCS CSOH_73 (04 October 2022)

The Court of Session held that an expert share valuation was not invalidated by the absence of audited accounts or other requested documents, and dismissed the petition.

  • Expert determination
  • Share valuation
  • Judicial review
  • Interpretation of engagement letters
  • Expert-determination
  • Share-valuation
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Contract law [2021] ScotCS CSIH_67

EASTERN MOTOR COMPANY LTD AGAINST (1) COLIN DONALD GRASSICK, (2) DAVID DOUGLAS GRASSIC AND (3) JANE HARTREE HAIG

EASTERN MOTOR COMPANY LTD AGAINST (1) COLIN DONALD GRASSICK, (2) DAVID DOUGLAS GRASSIC AND (3) JANE HARTREE HAIG [2021] ScotCS CSIH_67 (17 December 2021)

The Inner House upheld an expert determination under a share purchase agreement, rejecting claims of jurisdictional error and manifest error.

  • Expert determination
  • Contractual dispute resolution
  • Manifest error
  • Judicial review
  • Reduction ope exceptionis
  • Expert-determination
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Contract law [2021] ScotCS CSOH_5

EASTERN MOTOR COMPANY LTD AGAINST COLIN DONALD GRASSICK AND OTHERS

EASTERN MOTOR COMPANY LTD AGAINST COLIN DONALD GRASSICK AND OTHERS [2021] ScotCS CSOH_5 (26 January 2021)

The Court of Session held that a price adjustment expert’s valuation under a share purchase agreement was binding and showed no manifest error.

  • Expert determination
  • Share purchase agreement
  • Valuation of assets
  • Manifest error
  • Judicial review
  • Enforcement of expert decisions
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Contract law [2019] ScotCS CSOH_3

CINE-UK LIMITED AGAINST UNION SQUARE DEVELOPMENTS LIMITED

CINE-UK LIMITED AGAINST UNION SQUARE DEVELOPMENTS LIMITED [2019] ScotCS CSOH_3 (10 January 2019)

The Court of Session held that a lease’s finality clause ousted review of an expert rent review determination on alleged errors of law.

  • Rent review
  • Expert determination
  • Ouster clauses
  • Contractual construction
  • Expert-determination
  • Rent-review
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Property law [2018] ScotCS CSOH_107

ASHTEAD PLANT HIRE COMPANY LIMITED AGAINST GRANTON CENTRAL DEVELOPMENTS LIMITED

ASHTEAD PLANT HIRE COMPANY LIMITED AGAINST GRANTON CENTRAL DEVELOPMENTS LIMITED [2018] ScotCS CSOH_107 (21 November 2018)

The Court of Session held that lease construction disputes over rent review wording remained for the court, not the expert appointed to value open market rent.

  • Lease interpretation
  • Expert determination
  • Rent review
  • Jurisdiction of court
  • Lease-interpretation
  • Expert-determination
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Contract law [2017] ScotCS CSOH_152

TMW PRAMERICA PROPERTY INVESTMENT AGAINST GLASGOW CITY COUNCIL

TMW PRAMERICA PROPERTY INVESTMENT AGAINST GLASGOW CITY COUNCIL [2017] ScotCS CSOH_152 (13 December 2017)

The Court of Session held that an expert misread a retention and remedial works clause by fixing 23 deferred long stop dates instead of two.

  • Interpretation of contractual terms
  • Retention and release of funds
  • Expert determination
  • Professional costs recovery
  • Contract-interpretation
  • Expert-determination
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Contract law [2015] ScotSC 40

DAVID MAGUIRE AGAINST 5PM LTD AND 6 OTHERS

DAVID MAGUIRE AGAINST 5PM LTD AND 6 OTHERS [2015] ScotSC 40 (01 June 2015)

Appeal dismissed in a dispute over expert valuation of shares. The court held the valuer’s departure from instructions was a material breach, allowing rescission.

  • Expert determination
  • Material breach
  • Valuation contracts
  • Rescission of contract
  • Remedies for breach
  • Expert-determination
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Contract law [2011] ScotCS CSOH_202

Redding Park Development Company Ltd v Falkirk Council

Redding Park Development Company Ltd v Falkirk Council [2011] ScotCS CSOH_202 (08 December 2011)

Judicial review of an expert determination over remediation costs and clawback under missives. The court refused reduction, finding approbation barred the challenge.

  • Expert determination
  • Remit of independent expert
  • Approbation and reprobation
  • Personal bar
  • Contractual interpretation
  • Expert-determination
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About this LexChat collection

Scotland decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.