Total Logistics Concepts v. Argyll Bute Council [2002] ScotCS 261 (17 September 2002)

Total Logistics Concepts v. Argyll Bute Council [2002] ScotCS 261 (17 September 2002)

The proper construction of the lease clause is that it creates a monopoly in favour of the tenant for the supply of aviation fuel at the airfield for 12 years, obliging the defenders to prohibit any aircraft user from bringing their own fuel onto the airfield during that period.

Citation
[2002] ScotCS 261
Parties
Pursuer and Appellant: Total Logistics Concepts Limited; Defender and Respondent: Argyll and Bute Council
Jurisdiction
Scotland
Judgment Date
17 September 2002
Procedural Posture
Appeal / Opinion of the Court on Appeal From Sheriff Principal
Outcome
Appeal allowed; sheriff's decision restored; case put out By Order for parties to address form of declarator.
Legal Topics
Lease Interpretation, Exclusive Supply Rights, Monopoly Clauses
Contract Law Property Law Lease Interpretation Exclusive Supply Rights Monopoly Clauses

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Parties

Total Logistics Concepts Limited

Pursuer and Appellant

Argyll and Bute Council

Defender and Respondent

Procedural Posture

Appeal / Opinion of the Court on Appeal From Sheriff Principal

Legal Issues

  1. 1 Proper construction of clause FOURTH of the lease regarding exclusive right to supply aviation fuel at Connel Airfield
  2. 2 Whether the lease creates a monopoly for the pursuers or allows airfield users to self-supply fuel

Ratio Decidendi

The proper construction of the lease clause is that it creates a monopoly in favour of the tenant for the supply of aviation fuel at the airfield for 12 years, obliging the defenders to prohibit any aircraft user from bringing their own fuel onto the airfield during that period.

Court Disposition

Appeal allowed; sheriff's decision restored; case put out By Order for parties to address form of declarator.

Orders

  • Case put out By Order for parties to address the appropriate form of declarator.