Alleged defects did not constitute material breach (Apcoa v Crosslands)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Meaning of ‘procure’
• Material breach
• Objections to expert evidence
• Case details

Article summary

Construction analysis: The Outer House of the Court of Session rejected the pursuer’s (claimant’s) claim that the presence of alleged defects constituted a material breach of the defender’s obligations to procure the construction of a car park. The pursuer failed to prove the majority of its allegations, and to the extent that the car park did contain defects, these did not affect its operation.