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W W Promotions (Scotland) Ltd v De Marco

Language: English Series: Scots Law Times ; 1988 SLT 43-47(5)Publication details: 1988Subject(s): Summary: Sheriff Court of North Strathclyde 23 February 1988. The pursuers (W) are the principal lessees of an indoor retail market and the defender (M) had subtenant ed restaurant premises from them under a lease dated 26 October 1981, which claimed that the lessee was to pay a fair proportion of the lessors total cost of the repair and maintenance, rebuilding, insurance and management of the development as a whole. W sought to recover a sum of money, the balance of service charges over a three-and-a-half year period less £2000 paid to account by M. However M claimed the certificate claiming service charges was not calculated on a reasonable basis and that it was inept. The appeal was refused on the grounds that M and W never intended that either of them should be able to look beyond the terms of the certificate to show that the certifier made a mistake.
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Law report London Journal article ABS39632 (Browse shelf(Opens below)) 1 Available 17876-1001

Sheriff Court of North Strathclyde 23 February 1988. The pursuers (W) are the principal lessees of an indoor retail market and the defender (M) had subtenant ed restaurant premises from them under a lease dated 26 October 1981, which claimed that the lessee was to pay a fair proportion of the lessors total cost of the repair and maintenance, rebuilding, insurance and management of the development as a whole. W sought to recover a sum of money, the balance of service charges over a three-and-a-half year period less £2000 paid to account by M. However M claimed the certificate claiming service charges was not calculated on a reasonable basis and that it was inept. The appeal was refused on the grounds that M and W never intended that either of them should be able to look beyond the terms of the certificate to show that the certifier made a mistake.