SHEILA MILLER v. CLERICAL MEDICAL INVESTMENT GROUP LIMITED AND ANOTHER [2001] ScotHC 57 (18th July, 2001)

SHEILA MILLER v. CLERICAL MEDICAL INVESTMENT GROUP LIMITED AND ANOTHER [2001] ScotHC 57 (18th July, 2001)

The lease does not confer on the pursuer any general right of occupancy or possession in the common parts beyond limited rights of access. The landlord retains broad rights to regulate and control the use of the common parts, including granting occupancy for kiosks. There is no express or implied term in the lease prohibiting the landlord from permitting competing businesses. No relevant case of derogation from grant or breach of lease is made out.

Citation
[2001] ScotHC 57
Parties
Pursuer: Sheila Miller; Defenders: Clerical Medical Investment Group Limited and Another
Jurisdiction
Scotland
Procedural Posture
Civil (landlord and Tenant) / Outer House, Court of Session – Opinion on Relevancy and Dismissal
Outcome
Action dismissed
Legal Topics
Implied Terms in Leases, Derogation From Grant, Competition Between Tenants, Landlord's Rights Over Common Parts
Landlord and Tenant Contract Law Property Law Implied Terms in Leases Derogation From Grant Competition Between Tenants Landlord's Rights Over Common Parts

Case Brief

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Parties

Sheila Miller

Pursuer

Clerical Medical Investment Group Limited and Another

Defenders

Procedural Posture

Civil (landlord and Tenant) / Outer House, Court of Session – Opinion on Relevancy and Dismissal

Legal Issues

  1. 1 Whether the landlord is prohibited from granting occupancy rights in common parts to competing traders
  2. 2 Whether the lease implies a restriction on the landlord from permitting competition with the tenant
  3. 3 Whether the presence of a kiosk constitutes derogation from grant or breach of lease

Ratio Decidendi

The lease does not confer on the pursuer any general right of occupancy or possession in the common parts beyond limited rights of access. The landlord retains broad rights to regulate and control the use of the common parts, including granting occupancy for kiosks. There is no express or implied term in the lease prohibiting the landlord from permitting competing businesses. No relevant case of derogation from grant or breach of lease is made out.

Court Disposition

Action dismissed

Orders

  • First plea-in-law for the defenders upheld
  • Action dismissed