City Inn v Shepherd Construction

3 August 2010

In November 2007, Lord Drummond Young issued his opinion, after proof, in the case of City Inn v Shepherd Construction.

It was a landmark decision in construction law in Scotland. For the first time, a Scottish court laid down the approach which should be taken in determining extension of time claims, including those involving so-called "concurrent" delaying events. In the case before him, Lord Drummond Young found for the contractor and held that it had established its extension of time claim against the employer.

The employer reclaimed Lord Drummond Young's ruling. The Inner House has now issued its decision on the reclaiming motion.  

The court refused the reclaiming motion, and adhered to the decision of Lord Drummond Young. Given the interest which the case has generated over the years, the Inner House's decision will no doubt be the subject of detailed analysis in the industry.

Counsel from Axiom represented both parties in the Inner House. James McNeill, QC, and Garry Borland acted for the successful contractor, Shepherd Construction. The Dean of Faculty (Richard Keen, QC) and Roisin Higgins appeared for City Inn.

The Inner House opinions can be accessed via the undernoted link.

http://www.scotcourts.gov.uk/opinions/2010CSIH68.html