Britel Fund Trustees Ltd v Scottish & Southern Energy Plc [2001] ScotCS 241 (25 October 2001)

Britel Fund Trustees Ltd v Scottish & Southern Energy Plc [2001] ScotCS 241 (25 October 2001)

The tenant's obligation under the keep open clause is modified during the subsistence of a lawful sub-lease; the tenant is then obliged to procure observance of the clause by the sub-tenant, not to personally keep the premises open. A final order for specific implement must reflect this qualified obligation and not impose a more onerous duty than the lease provides.

Citation
[2001] ScotCS 241
Parties
Pursuer: Britel Fund Trustees Limited; Defender: Scottish and Southern Energy Plc
Jurisdiction
Scotland
Judgment Date
25 October 2001
Procedural Posture
Commercial Lease Enforcement / Hearing on Final Order for Specific Implement
Outcome
No final order granted at this stage; case continued to allow pursuers to reconsider and possibly reformulate their motion.
Legal Topics
Keep Open Clauses, Specific Implement, Sub Letting, Lease Obligations
Property Law Contract Law Keep Open Clauses Specific Implement Sub Letting Lease Obligations

Case Brief

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Parties

Britel Fund Trustees Limited

Pursuer

Scottish and Southern Energy Plc

Defender

Procedural Posture

Commercial Lease Enforcement / Hearing on Final Order for Specific Implement

Legal Issues

  1. 1 Whether the tenant's obligation under a 'keep open' clause continues during a lawful sub-lease
  2. 2 Whether a final order for specific implement should be qualified to reflect sub-letting
  3. 3 Whether the court should exercise discretion to refuse specific implement

Ratio Decidendi

The tenant's obligation under the keep open clause is modified during the subsistence of a lawful sub-lease; the tenant is then obliged to procure observance of the clause by the sub-tenant, not to personally keep the premises open. A final order for specific implement must reflect this qualified obligation and not impose a more onerous duty than the lease provides.

Court Disposition

No final order granted at this stage; case continued to allow pursuers to reconsider and possibly reformulate their motion.