Thu 02 Apr 2020
Litigation in Scotland
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Article
Energised approach to contract interpretation
A commercial judge in the Court of Session has ruled in favour of a windfarm landlord, obliging the tenant to pay additional rent due to payments it received for reducing electricity generation during periods of low demand: Glenfiddich Wind Limited v Dorenell Windfarm Limited.
Article
Interim interdicts a lesson for the unwary!
In Martin McGowan v Springfield Properties Ltd, the Court awarded £558,033 in damages after a contractor was wrongfully restrained by an interim interdict for five years. The case highlights that parties obtaining interdicts have a duty to remove them when no longer necessary and that damages can include loss of earnings, reputational harm, and distress. Springfield has indicated it intends to appeal.