GYLE SHOPPING CENTRE GENERAL PARTNERS LTD AS TRUSTEE FOR AND GENERAL PARTNER OF GYLE SHOPPING CENTRE Ltd PARTNERSHIP [2015] ScotCS CSOH_14 (12 February 2015)

GYLE SHOPPING CENTRE GENERAL PARTNERS LTD AS TRUSTEE FOR AND GENERAL PARTNER OF GYLE SHOPPING CENTRE Ltd PARTNERSHIP [2015] ScotCS CSOH_14 (12 February 2015)

Clause 24 applies to works permanently altering Shared Areas, including removal of land, and consent cannot be unreasonably withheld unless the works render the Shared Areas materially less adequate, commodious, or convenient to the defender; loss of ownership rights alone does not meet these criteria.

Citation
[2015] ScotCS CSOH_14
Parties
Pursuer: Gyle Shopping Centre General Partners Ltd as trustee for and general partner of Gyle Shopping Centre Limited Partnership; Defender: Marks & Spencer plc
Jurisdiction
Scotland
Judgment Date
12 February 2015
Procedural Posture
Commercial Lease Dispute / Final Judgment After Proof
Outcome
declarator granted in favour of pursuer
Legal Topics
Lease Interpretation, Consent to Development, Variation of Real Rights, Unreasonable Withholding of Consent
Property Law Commercial Law Contract Law Lease Interpretation Consent to Development Variation of Real Rights Unreasonable Withholding of Consent

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Parties

Gyle Shopping Centre General Partners Ltd as trustee for and general partner of Gyle Shopping Centre Limited Partnership

Pursuer

Marks & Spencer plc

Defender

Procedural Posture

Commercial Lease Dispute / Final Judgment After Proof

Legal Issues

  1. 1 Does clause 24 of the lease apply to works permanently removing land from Shared Areas?
  2. 2 Is the defender unreasonably withholding consent to the Primark development under clause 24?

Ratio Decidendi

Clause 24 applies to works permanently altering Shared Areas, including removal of land, and consent cannot be unreasonably withheld unless the works render the Shared Areas materially less adequate, commodious, or convenient to the defender; loss of ownership rights alone does not meet these criteria.

Court Disposition

declarator granted in favour of pursuer

Orders

  • Sustain pursuer’s second plea-in-law
  • Repel defender’s second plea-in-law