RILEY SPORTS BARS (2014) LTD (IN ADMINISTRATION) AGAINST CGW SNOOKER LLP [2022] ScotCS CSOH_4 (18 January 2022)

RILEY SPORTS BARS (2014) LTD (IN ADMINISTRATION) AGAINST CGW SNOOKER LLP [2022] ScotCS CSOH_4 (18 January 2022)

Landlord's refusal to consent to assignation was not unreasonable given lack of sufficient financial information about assignee and guarantor, and commercial uncertainties; pursuer failed to prove breach of good faith or entitlement to force majeure extension.

Citation
[2022] ScotCS CSOH_4
Parties
Pursuer: Rileys Sports Bars (2014) Limited (in administration); Defender: CGW Snooker LLP
Jurisdiction
Scotland
Judgment Date
18 January 2022
Procedural Posture
Commercial Action / Judgment After Proof
Outcome
Pursuer's claims refused; decree of declarator not granted.
Legal Topics
Lease Assignation, Reasonableness of Landlord's Consent, Financial Standing, Good Faith Obligations, Force Majeure
Landlord and Tenant Commercial Law Lease Assignation Reasonableness of Landlord's Consent Financial Standing Good Faith Obligations Force Majeure

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Parties

Rileys Sports Bars (2014) Limited (in administration)

Pursuer

CGW Snooker LLP

Defender

Procedural Posture

Commercial Action / Judgment After Proof

Legal Issues

  1. 1 Whether landlord's refusal to consent to lease assignation was reasonable under lease terms
  2. 2 Whether landlord breached good faith obligations by failing to agree building works plans
  3. 3 Whether tenant is entitled to force majeure extension due to Covid

Ratio Decidendi

Landlord's refusal to consent to assignation was not unreasonable given lack of sufficient financial information about assignee and guarantor, and commercial uncertainties; pursuer failed to prove breach of good faith or entitlement to force majeure extension.

Court Disposition

Pursuer's claims refused; decree of declarator not granted.

Orders

  • No declarator granted; landlord's refusal upheld; no order for force majeure extension; no finding of breach of good faith.