OUTER HOUSE, COURT OF SESSION
[2023] CSOH 19
CA96/21
OPINION OF LORD HARROWER
In the cause
ASHTENNE CALEDONIA LIMITED
Pursuer
against
DENNY ENTERPRISES INT'L LIMITED
Defender
Pursuer: A Jones KC (sol adv); Brodies LLP
Defender: M Steel; Harper Macleod LLP
8 March 2023
[1]
This is one of three dilapidations claims raised by the landlord of certain warehouses
at Nethermains Industrial Estate in Kilwinning. The present dispute concerns Unit 4, Kelvin
Avenue. The other two actions concern Unit 2, Kelvin Avenue (CA95/21), and Units 6-8,
Simpson Place (CA97/21). The procedural background to all three claims was summarised
in my opinion in CA95/21, and issued of even date with this opinion.
[2]
Parties agreed that objections 1, 2 and 5 in this action were in identical terms, and fell
to be decided in the same way, as objections 1, 2 and 5 made by the pursuer in the
action CA95/21. Having repelled these objections, I shall repel objections 1, 2 and 5 here
also.
2
[3]
So far as the pursuer's remaining objections 3, 4, 6 and 7 are concerned, the parties
have agreed these items in the sum of £5,310.69, and that the reporter should be directed to
apportion that sum among the items that are the subject of these objections as he sees fit. I
shall direct the reporter accordingly.
[4]
Meantime, I shall reserve all question of expenses.
