Scottish Court of Session Decisions

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URL: http://www.bailii.org/scot/cases/ScotCS/2008/CSOH_178.html
Cite as: [2008] CSOH 178, [2008] ScotCS CSOH_178

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OUTER HOUSE, COURT OF SESSION

[2008] CSOH 178

P1794/08

OPINION OF LORD GLENNIE

Petition of

CASTLE INNS (STIRLING) LIMITED T/A CASTLE LEISURE GROUP

for

Judicial Review of a Decision by an Adjudicator dated 15 September 2008 Pursuant to S.108 of The Housing Grants, Construction and Regeneration Act 1996 and the Scheme for Construction Contracts (Scotland) Regulations 1998

________________

Petitioners: Anderson, Q.C., Simpson; Dundas & Wilson

Respondents: S. Smith; MacRoberts

16 December 2008

[1] This petition is for reduction of a decision of an adjudicator dated 15 September 2006 pursuant to s.108 of the Housing Grants, Construction and Regeneration Act 1996 and the Scheme for Construction Contracts (Scotland) Regulations 1998. The first hearing in the petition came before me on 25 November 2008 at the same time as a debate in commercial action CA144/08. That was an action by Curot Contracts Limited, trading as Dimension Shopping, against the present petitioners for decree in terms of the adjudicator's decision.

[2] The commercial action raised the same points as were raised by the petition and parties were agreed that the disposal of the petition should follow the result of the debate in the action. I have today issued an Opinion in that action. My reasoning applies equally to this petition.

[3] For the reasons set out in that Opinion I would be minded to refuse the prayer of the petition. However, in accordance with the agreement of the parties, I shall put the matter out By Order before pronouncing any final interlocutor.

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