UNILODGE SERVICES LTD v. UNIVERSITY OF DUNDEE [2001] ScotHC 102 (10th September, 2001)

UNILODGE SERVICES LTD v. UNIVERSITY OF DUNDEE [2001] ScotHC 102 (10th September, 2001)

On a sound construction of clause THIRD (b) of the lease, the expression 'the other Universities in Scotland' means all the other universities in Scotland at the time of the relevant rent review, not just those in existence at the date of the lease. This interpretation better serves the commercial purpose of the clause and reflects the evolving nature of the university sector.

Citation
[2001] ScotHC 102
Parties
Pursuer: Unilodge Services Limited; Defender: The University of Dundee
Jurisdiction
Scotland
Procedural Posture
Civil (lease Dispute) / Outer House, Court of Session – Opinion After Debate on Construction of Lease Clause
Outcome
Declarator granted in terms of the pursuers' second conclusion; case put out By Order for further disposal; expenses reserved.
Legal Topics
Lease Interpretation, Rent Review Clauses, Construction of Contractual Terms
Landlord and Tenant Contract Law Lease Interpretation Rent Review Clauses Construction of Contractual Terms

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Parties

Unilodge Services Limited

Pursuer

The University of Dundee

Defender

Procedural Posture

Civil (lease Dispute) / Outer House, Court of Session – Opinion After Debate on Construction of Lease Clause

Legal Issues

  1. 1 What is the correct construction of the phrase 'the other Universities in Scotland' in the rent review clause of the lease?

Ratio Decidendi

On a sound construction of clause THIRD (b) of the lease, the expression 'the other Universities in Scotland' means all the other universities in Scotland at the time of the relevant rent review, not just those in existence at the date of the lease. This interpretation better serves the commercial purpose of the clause and reflects the evolving nature of the university sector.

Court Disposition

Declarator granted in terms of the pursuers' second conclusion; case put out By Order for further disposal; expenses reserved.

Orders

  • Sustain the pursuers' second plea-in-law.
  • Repel the defenders' second plea-in-law so far as relating to the second conclusion.