Dean (t/a Abbey Mill Business Centre) v. Freeman [2005] ScotCS CSOH_3 (13 January 2005)

Dean (t/a Abbey Mill Business Centre) v. Freeman [2005] ScotCS CSOH_3 (13 January 2005)

Notice of irritancy was not formally invalid despite misdescription; factual inquiry required to determine whether leases continued after notice and cautioner liability for subsequent obligations; landlord cannot claim damages for obligations arising only at outgo post-irritancy.

Citation
[2005] ScotCS CSOH_3
Parties
Pursuer: Marcus Dean Trading as Abbey Mill Business Centre; Defender: Tony Russell Freeman
Jurisdiction
Scotland
Judgment Date
13 January 2005
Procedural Posture
Commercial Lease Dispute / Interlocutory Judgment; Proof Before Answer Ordered
Outcome
Proof before answer ordered; preliminary point on formal invalidity of irritancy notice rejected.
Legal Topics
Lease Termination, Irritancy, Personal Guarantee, Dilapidations, Liquidation, Cautioner Liability
Property Law Commercial Law Lease Termination Irritancy Personal Guarantee Dilapidations Liquidation Cautioner Liability

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Parties

Marcus Dean Trading as Abbey Mill Business Centre

Pursuer

Tony Russell Freeman

Defender

Procedural Posture

Commercial Lease Dispute / Interlocutory Judgment; Proof Before Answer Ordered

Legal Issues

  1. 1 Whether leases were validly terminated by notice of irritancy
  2. 2 Effect of misdescription of insolvency event in irritancy notice
  3. 3 Whether subsequent agreement restored leases

Ratio Decidendi

Notice of irritancy was not formally invalid despite misdescription; factual inquiry required to determine whether leases continued after notice and cautioner liability for subsequent obligations; landlord cannot claim damages for obligations arising only at outgo post-irritancy.

Court Disposition

Proof before answer ordered; preliminary point on formal invalidity of irritancy notice rejected.

Orders

  • Case put out By Order for discussion of further procedure.