Retail Park Investments Ltd v Royal Bank of Scotland plc (No 2) [1996] ScotCS CSIH_1 (08 March 1996)

Retail Park Investments Ltd v Royal Bank of Scotland plc (No 2) [1996] ScotCS CSIH_1 (08 March 1996)

The court held that the 'keep open' clause in the lease was sufficiently precise to be enforced by decree of specific implement. The defenders had performed the obligation for nearly 20 years without difficulty, and the order sought merely required them to continue to do so. The court found that the order could be framed in precise terms, and the risk of uncertainty or enforcement difficulty was overstated. Accordingly, the pursuers were entitled to decree of specific implement.

Citation
[1996] ScotCS CSIH_1
Parties
Pursuer: Retail Park Investments Ltd; Defender: Royal Bank of Scotland plc
Jurisdiction
Scotland
Judgment Date
08 March 1996
Procedural Posture
Reclaiming Motion (appeal) From Interlocutor of Lord Ordinary / Judgment on Appeal
Outcome
Reclaiming motion allowed in part; decree of specific implement granted in terms of the amended fourth conclusion; interlocutor of Lord Ordinary varied accordingly.
Legal Topics
Specific Implement, Keep Open Clauses, Lease Obligations, Precision of Court Orders, Remedies for Breach of Contract
Landlord and Tenant Contract Law Remedies Specific Implement Keep Open Clauses Lease Obligations Precision of Court Orders Remedies for Breach of Contract

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 23 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Retail Park Investments Ltd

Pursuer

Royal Bank of Scotland plc

Defender

Procedural Posture

Reclaiming Motion (appeal) From Interlocutor of Lord Ordinary / Judgment on Appeal

Legal Issues

  1. 1 Whether the 'keep open' clause in the lease is sufficiently precise to be enforced by decree of specific implement
  2. 2 Whether the court can grant an order requiring the defenders to use and occupy the premises as bank offices during all normal business hours until the end of the lease

Ratio Decidendi

The court held that the 'keep open' clause in the lease was sufficiently precise to be enforced by decree of specific implement. The defenders had performed the obligation for nearly 20 years without difficulty, and the order sought merely required them to continue to do so. The court found that the order could be framed in precise terms, and the risk of uncertainty or enforcement difficulty was overstated. Accordingly, the pursuers were entitled to decree of specific implement.

Court Disposition

Reclaiming motion allowed in part; decree of specific implement granted in terms of the amended fourth conclusion; interlocutor of Lord Ordinary varied accordingly.

Orders

  • Ordains the defenders (1) to use and occupy the premises as bank offices, (2) to keep the premises open for business as bank offices during all normal business hours, all until 17 August 2002 or until the lease is lawfully terminated or assigned to a third party (whichever is earliest).