Can one company recover losses suffered by another? That’s a question the UK Supreme Court is considering in a case involving one of Glasgow’s best-known restaurants, which traded for more than 80 years before closing after suffering substantial water damage.
At the heart of the dispute is the concept of “transferred loss”, and whether a tenant can recover losses suffered by a subsidiary company where the subsidiary itself has no contractual claim.
Writing for The Scotsman, Shirley Wyles examines the legal issues at stake and why the forthcoming judgment could prove significant for parties involved in comparable disputes.