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Scotland Case Law

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Property law [2014] ScotCS CSOH_36

Burgerking Ltd v Castlebrook Holdings Ltd

Burgerking Ltd v Castlebrook Holdings Ltd [2014] ScotCS CSOH_36 (25 February 2014)

The Court of Session held that consent to sub-let could be refused where the proposed sub-tenant itself was not shown to be respectable and responsible.

  • Landlord and tenant
  • Sub-letting
  • Consent to sub-lease
  • Reasonableness of withholding consent
  • Landlord-and-tenant
  • Consent-to-sublet
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Property law [2001] ScotCS 241

Britel Fund Trustees Ltd v Scottish & Southern Energy Plc

Britel Fund Trustees Ltd v Scottish & Southern Energy Plc [2001] ScotCS 241 (25 October 2001)

The court held that a tenant’s keep-open obligation under a lease is modified during a lawful sub-lease: the tenant must procure sub-tenant compliance, not personally stay open.

  • Keep open clauses
  • Specific implement
  • Sub-letting
  • Lease obligations
  • Keep-open-clause
  • Specific-implement
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.