Scottish court gives commercial effect to collateral warranties (Inner House, Court of Session) | Practical Law

Scottish court gives commercial effect to collateral warranties (Inner House, Court of Session) | Practical Law

In Scottish Widows Services Ltd v Building Design Partnership Ltd [2011] ScotCS CSIH 35, the Scottish Extra Division, Inner House, Court of Session refused a reclaiming motion (similar to an appeal under English law) from the Lord Ordinary's decision in Scottish Widows Services and another v Harmon/CRM Facades Ltd [2010] ScotCS CSOH 42, where the court emphasised the intended commercial effect of collateral warranties.

Scottish court gives commercial effect to collateral warranties (Inner House, Court of Session)

by PLC Construction
Published on 24 May 2011 • Scotland
In Scottish Widows Services Ltd v Building Design Partnership Ltd [2011] ScotCS CSIH 35, the Scottish Extra Division, Inner House, Court of Session refused a reclaiming motion (similar to an appeal under English law) from the Lord Ordinary's decision in Scottish Widows Services and another v Harmon/CRM Facades Ltd [2010] ScotCS CSOH 42, where the court emphasised the intended commercial effect of collateral warranties.