Emslie & Simpson v City of Aberdeen District Council
Emslie & Simpson v City of Aberdeen District Council
- 1995
- Scots Law Times 1995 SLT 355-368 (14) .
First Division. The Lord President (Hope), Lords Mayfield and McCluskey. 15 October 1993. Landlord and tenant - lease - construction - notice to quit - power of landlords to terminare "in the event of the landlords wishing to carry out demolition and redevelopment" - subjects to be compulsorily purchased for development in which landlords had interest - reduced liability to pay compensation to tenants if lease about to expire - whether option to terminate available to landlords - whether notice to quit valid and enforceable - Town and Country Planning (Scotland) Act 1972 (c52), Sched 24, paras 8 and 38. Compulsory powers - purchase - compensation - loss prior to vesting of subjects - loss of profits in business carried on by tenant due to effect of proposed development - whether loss due "by reason of the execution of the works" - Lands Clauses Consolidation (Scotland) Act 1845 (8 & 9 Vict, c19), s17.
Compulsory purchase
DISPUTED COMPENSATION
EMSLIE AND SIMPSON LTD V ABERDEEN DC
LAND CLAUSES CONSOLIDATION (SCOTLAND) ACT 1845
LOSS OF PROFITS
TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1972
First Division. The Lord President (Hope), Lords Mayfield and McCluskey. 15 October 1993. Landlord and tenant - lease - construction - notice to quit - power of landlords to terminare "in the event of the landlords wishing to carry out demolition and redevelopment" - subjects to be compulsorily purchased for development in which landlords had interest - reduced liability to pay compensation to tenants if lease about to expire - whether option to terminate available to landlords - whether notice to quit valid and enforceable - Town and Country Planning (Scotland) Act 1972 (c52), Sched 24, paras 8 and 38. Compulsory powers - purchase - compensation - loss prior to vesting of subjects - loss of profits in business carried on by tenant due to effect of proposed development - whether loss due "by reason of the execution of the works" - Lands Clauses Consolidation (Scotland) Act 1845 (8 & 9 Vict, c19), s17.
Compulsory purchase
DISPUTED COMPENSATION
EMSLIE AND SIMPSON LTD V ABERDEEN DC
LAND CLAUSES CONSOLIDATION (SCOTLAND) ACT 1845
LOSS OF PROFITS
TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1972