Waydale Ltd v Dhl Holdings (UK) Ltd (No.3)
| Jurisdiction | Scotland |
| Date | 2001 |
| Court | Court of Session (Outer House) |
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4 cases
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Promontoria (ram) Limited Against John Moore
...whether the Guarantee is assignable. Said submission was made under reference to Waydale Limited v DHL Holdings (UK) Limited (No 2) 2001 SLT 224 per Lord Hamilton at paragraphs 22 and 23; Fortune v Young 1918 SC 1 and Royal Bank of Scotland v Brown 1982 SC 89. [11] Mr Anderson went on to su......
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Ballast Plc V. Laurieston Properties Limited (in Liq)+laurieston Homes (stonelaw) Limited+laurieston Homes (howwood) Limited+awg Residential Limited
...or real doubt about the letter: cf. the observations of Lord Hamilton at paragraph [19] of Waydale Ltd v DHL Holdings (UK) Ltd(No.2), 2001 S.L.T. 224. However, if the doctrine were to be applied, the letter (a business letter written by the general manager of Morrison Homes) should be const......
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Longhill Wind Farm Llp As The Assignee Of Energiekontor Uk Ltd Against Muirhall Energy Limited And Others
...is relied upon: Cole, 73. Ultimately, it is a question of what the parties intended: Waydale Ltd v DHL Holdings (UK) Ltd (No 2) 2001 SLT 224, Lord Hamilton at 30; McBryde, para 12.37. Relevant factors include: the type of contr act; the terms of the contract; and the nature of the respectiv......
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Screwfix Direct Limited T/a Trade Uk Against Mr James Aka Jamie Paterson
...of the clause that personal liability was being engaged. Reference was made to Waydale Limited v DHL Holdings (UK) Limited (No.2) ((OH) 2001 SLT 224 for the proposition that cautionary obligations should be construed narrowly rather than broadly. Further it was settled law that the principl......
1 books & journal articles
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A New Thing Under the Sun? The Interpretation of Contract and the ICS Decision
...had been relied on, while recognising that his analysis had not had unqualified support. In Waydale Ltd v DHL Holdings (UK) Ltd (No 3),40402001 SLT 224. it appears that counsel preferred not to cite ICS. This wariness has been reflected in the academic commentary on ICS in Scotland.4141See ......