“…The case relied on in support of this proposition was Aberdeen City Council v. Stewart Milne [2011] UKSC 56. Although we were taken by Mr Smith to the opinion of the Lord Ordinary (Lord Glennie) [2009] CSOH 80; the opinion of the Inner House [2010] CSIJ 81 (Lords Cla…”
“…The case relied on in support of this proposition was Aberdeen City Council v. Stewart Milne [2011] UKSC 56. Although we were taken by Mr Smith to the opinion of the Lord Ordinary (Lord Glennie) [2009] CSOH 80; the opinion of the Inner House [2010] CSIJ 81 (Lords Cla…”
“…hat the parties would have intended, the court will give effect to that intention. An example of such a case is Aberdeen City Council v Stewart Milne Group Ltd [2011] UKSC 56, 2012 SCLR 114, where the court concluded that ‘any … approach’ other than that which was adopted ‘would defeat the parties’ clear objectives’, but the conclus…”