Friday 15th May 2009
Terra Firma Chambers member, Roddy McIlvride, appeared for the successful defender in FM Finnieston Ltd v Ross [2009] CSOH48 in which the pursuers sought substantial damages on the grounds that the defender was in material breach of the separate missives for the purchase of 24 apartments at the pursuers' development. In his Opinion, following a debate, Lord Glennie ruled on the proper construction of provisions determining the date of entry which are found as a standard term in many builder's missives.