The Inner House reversed a decision (see Surveyors & Valuers Newsletter, February 2015) to dismiss a claim by Semple Fraser against CBRE Ltd, as third party, arising out of an error in the rent review clause of the lease relating to STV’s premises in Glasgow.
The Inner House concluded that Semple Fraser had raised a sufficiently relevant and specific contractual case against CBRE which, even though there was no written contract or instructions between STV and CBRE, was not bound to fail. Semple Fraser and CBRE were members of a team of professional advisers, working together on the wording of the rent review clause in the lease. Whilst the success or failure of Semple Fraser’s argument that CBRE owed STV a contractual duty would be dependent on the facts established at trial, it was not a foregone conclusion that the argument was bound to fail. The Inner House determined that Semple Fraser’s contribution claim should therefore be permitted to go to trial.