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Scotland Case Law

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Property law [2015] ScotCS CSOH_49

Homebase Ltd v Grantchester Developments (Falkirk) Ltd

Homebase Ltd v Grantchester Developments (Falkirk) Ltd [2015] ScotCS CSOH_49 (30 April 2015)

The court held that a landlord could reasonably seek details of a reverse premium before consenting to assignation of a lease, and could withhold consent until the information was provided.

  • Assignment of lease
  • Withholding of consent
  • Reasonableness of landlord's refusal
  • Reverse premium/rent subsidy
  • Interpretation of lease clauses
  • Lease-assignment
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Landlord and tenant [2014] ScotCS CSOH_9A

Aviva Investors Pensions Ltd v McDonald's Restaurant Ltd

Aviva Investors Pensions Ltd v McDonald's Restaurant Ltd [2014] ScotCS CSOH_9A (31 January 2014)

Court of Session held a tenant reasonably withheld consent for a proposed retail development after relying on expert traffic advice about parking and trade impact.

  • Withholding of consent
  • Reasonableness of refusal
  • Leasehold covenants
  • Expert evidence
  • Parking and access rights
  • Commercial-lease
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Property law [2001] ScotCS 119

Legal & General Assurance Society Ltd v Tesco Stores Ltd

Legal & General Assurance Society Ltd v Tesco Stores Ltd [2001] ScotCS 119 (18 May 2001)

Court of Session held that Tesco did not unreasonably withhold consent to proposed car park alterations linked to an adjacent Big W development.

  • Interpretation of lease provisions
  • Withholding of consent
  • Redevelopment rights
  • Car park rights
  • Reasonableness of refusal
  • Lease-interpretation
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Scotland decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.