Dean (t/a Abbey Mill Business Centre) v. Freeman [2005] ScotCS CSOH_75 (10 June 2005)

Dean (t/a Abbey Mill Business Centre) v. Freeman [2005] ScotCS CSOH_75 (10 June 2005)

The leases were terminated on 9 June 2003 by the pursuer's invocation of the irritancy clause; subsequent arrangements for access and payment were independent agreements and did not constitute affirmation or continuation of the leases. There was no agreement between the parties to restore or continue the leases after termination.

Citation
[2005] ScotCS CSOH_75
Parties
Pursuer: Marcus Dean trading as Abbey Mill Business Centre; Defender: Tony Russell Freeman
Jurisdiction
Scotland
Judgment Date
10 June 2005
Procedural Posture
Civil / Proof Before Answer on Restricted Issues
Outcome
Leases held terminated as of 9 June 2003; case put out By Order for further procedure.
Legal Topics
Lease Termination, Irritancy, Personal Guarantee, Liquidation, Waiver, Contract Affirmation
Landlord and Tenant Commercial Law Insolvency Lease Termination Irritancy Personal Guarantee Liquidation Waiver +1 more

Case Brief

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Parties

Marcus Dean trading as Abbey Mill Business Centre

Pursuer

Tony Russell Freeman

Defender

Procedural Posture

Civil / Proof Before Answer on Restricted Issues

Legal Issues

  1. 1 Whether the leases were terminated on 9 June 2003 by the pursuer's notice of irritancy or whether an agreement was reached that the leases continued after that date
  2. 2 Whether the pursuer affirmed the leases or waived his right to irritancy by allowing access to the premises after the notice

Ratio Decidendi

The leases were terminated on 9 June 2003 by the pursuer's invocation of the irritancy clause; subsequent arrangements for access and payment were independent agreements and did not constitute affirmation or continuation of the leases. There was no agreement between the parties to restore or continue the leases after termination.

Court Disposition

Leases held terminated as of 9 June 2003; case put out By Order for further procedure.

Orders

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