Arbitration Application No. 2 of 2011 [2011] ScotCS CSOH_186 (09 November 2011)

Arbitration Application No. 2 of 2011 [2011] ScotCS CSOH_186 (09 November 2011)

The arbitrator did not err in law; he correctly excluded tenants' fixtures and fittings from the market rent assessment and based the rent on the infrastructure present in the premises, consistent with the lease and legal principles.

Citation
[2011] ScotCS CSOH_186
Parties
Petitioner/appellant: Lake, Q.C.; Respondent: Mrs Wolffe, Q.C.
Jurisdiction
Scotland
Judgment Date
09 November 2011
Procedural Posture
Arbitration Legal Error Appeal / Judgment on Appeal Against Arbitration Award
Outcome
appeal refused, arbitration award upheld
Legal Topics
Rent Review, Lease Interpretation, Arbitration Legal Error, Market Rent Assessment
Arbitration Property Law Contract Law Rent Review Lease Interpretation Arbitration Legal Error Market Rent Assessment

Case Brief

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Parties

Lake, Q.C.

Petitioner/appellant

Mrs Wolffe, Q.C.

Respondent

Procedural Posture

Arbitration Legal Error Appeal / Judgment on Appeal Against Arbitration Award

Legal Issues

  1. 1 Proper interpretation of 'fit and equipped for immediate occupation and use' in rent review clause
  2. 2 Whether arbitrator erred in law by including tenants' fixtures in market rent assessment

Ratio Decidendi

The arbitrator did not err in law; he correctly excluded tenants' fixtures and fittings from the market rent assessment and based the rent on the infrastructure present in the premises, consistent with the lease and legal principles.

Court Disposition

appeal refused, arbitration award upheld

Orders

  • case put out By Order for parties to address anonymity and expenses
  • interlocutor to be pronounced reflecting refusal of appeal and upholding award