GEOFFREY (TAILOR) HIGHLAND CRAFTS LIMITED v. G.L. ATTRACTIONS LIMITED [2010] ScotSC 31 (06 January 2010)

GEOFFREY (TAILOR) HIGHLAND CRAFTS LIMITED v. G.L. ATTRACTIONS LIMITED [2010] ScotSC 31 (06 January 2010)

The court held that, on a proper construction of Lease 1 and in light of the factual matrix, the landlord's reserved right of access to the 'Control Office' is for administrative and office purposes only. The wording 'Landlords' administrative office' in the lease, the context, and the parties' intentions at the time of contracting support this interpretation. The lease does not permit use of the 'Control Office' for retail purposes. The pursuers are entitled to interdict preventing the defenders from using the 'Control Office' for any purpose other than administrative and office purposes for the duration of the lease.

Citation
[2010] ScotSC 31
Parties
Pursuer: Geoffrey (Tailor) Highland Crafts Limited; Defender: G. L. Attractions Limited
Jurisdiction
Scotland
Judgment Date
06 January 2010
Procedural Posture
Civil (interdict Proceedings) / Final Judgment at First Instance
Outcome
Interdict granted in favour of the pursuers; defenders interdicted from using the 'Control Office' for retail purposes for the duration of the lease.
Legal Topics
Interpretation of Lease Terms, Implied Terms in Contracts, Landlord's Reserved Rights, Commercial Leases, Interdict (injunction)
Property Law Landlord and Tenant Law Contract Law Interpretation of Lease Terms Implied Terms in Contracts Landlord's Reserved Rights Commercial Leases Interdict (injunction)

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 21 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Geoffrey (Tailor) Highland Crafts Limited

Pursuer

G. L. Attractions Limited

Defender

Procedural Posture

Civil (interdict Proceedings) / Final Judgment at First Instance

Legal Issues

  1. 1 Whether the lease restricts the landlord's use of the 'Control Office' to administrative and office purposes only
  2. 2 Whether the landlord is prohibited from using the 'Control Office' for retail purposes under the terms of Lease 1
  3. 3 Whether a term restricting use to administrative and office purposes should be implied into the lease

Ratio Decidendi

The court held that, on a proper construction of Lease 1 and in light of the factual matrix, the landlord's reserved right of access to the 'Control Office' is for administrative and office purposes only. The wording 'Landlords' administrative office' in the lease, the context, and the parties' intentions at the time of contracting support this interpretation. The lease does not permit use of the 'Control Office' for retail purposes. The pursuers are entitled to interdict preventing the defenders from using the 'Control Office' for any purpose other than administrative and office purposes for the duration of the lease.

Court Disposition

Interdict granted in favour of the pursuers; defenders interdicted from using the 'Control Office' for retail purposes for the duration of the lease.

Orders

  • Defenders interdicted from using the 'Control Office' at the rear of Level 4, 555 Castlehill, Royal Mile, Edinburgh, for any purpose other than administrative and office purposes for the duration of the lease entered into on 7 November 1997.
  • Cause continued on the question of expenses.