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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Glasgow City Council v. Caststop Ltd [2003] ScotCS 25 (31 January 2003) URL: http://www.bailii.org/scot/cases/ScotCS/2003/25.html Cite as: [2003] ScotCS 25, 2004 SCLR 283 |
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EXTRA DIVISION, INNER HOUSE, COURT OF SESSION |
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Lord Kirkwood Lord Nimmo Smith Lord Weir
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XA160/01 OPINION OF THE COURT delivered by LORD KIRKWOOD in RECLAIMING MOTION in the cause GLASGOW CITY COUNCIL Pursuers and Respondents; against CASTSTOP LIMITED Defenders and Reclaimers: _______ |
Act: Wolffe, E. Bain (for Pursuers and Respondents)
Alt: Sandison, DLA (for Defenders and Reclaimers)
31 January 2003
"It shall be a suspensive condition of the Missives that the Purchaser obtains in writing on terms satisfactory to it (as to which the Purchaser shall be acting reasonably sole and absolute judge) all necessary planning permissions ... and other consents for the Purchaser's Works and to enable the Purchaser to use Plot B for the Purchaser's Proposed Use."
In Clause 1.7 the Purchaser's Works were defined as:
"the demolition/partial demolition of the existing buildings on the Plot B and the erection on Plot B of a residential development of not less than 16 flats with ancillary car parking all as shown on the Schedule annexed and subscribed as relative hereto."
In Clause 1.6 the Purchaser's Proposed Use was defined as:
"the use of Plot B for a residential development of not less than 16 flats and ancillary car parking all as shown on the Schedule annexed and subscribed as relative hereto."
"In the event that the Purchaser achieves planning permission for the erection or redevelopment of the Subjects for more than forty-nine residential units then the purchase price shall be increased to such an amount as would correspond to the number of units for which planning permission is obtained multiplied by the purchase price of £935,000 divided by forty-nine ..."
"The Directors regard Credential Holdings Limited ... as the company's ultimate parent company. Credential Holdings Limited, which is controlled by R.B. Clapham is the parent undertaking of the largest and smallest group of which Caststop Limited is a member and for which group accounts are drawn up."
Submissions on behalf of the defenders and appellants
Submissions on behalf of the pursuers and respondents
Decision