Retail Parls Investments Ltd v The Royal Bank of Scotland plc
Retail Parls Investments Ltd v The Royal Bank of Scotland plc
- 1995
- Scots Law Times 1995 SLT 1156-1161(6) .
Outer House. Lord Penrose. 24 March 1995. Landlord and tenant - lease - tenants under contractual obligation to occupy and keep open premises intimating intention to cease operating part of their business from premises - Landlords seeking interim orders ordaining tenants to use, occupy and keep open the premises and interim interdict against taking steps to vacate - Whether appropriate and necessary - Court of Session Act 1988 (c36), s47(2). Interdict - interim interdict - balance of convenience - positive contractual obligation on tenants to use and occupy in particular way - tenants` proposal to cease operating part of their business from premises - dispute as to whether would give rise to breach of contractual obligations.
BUSINESS TENANCIES
COURT OF SESSION ACT 1988
COVENANT TO OCCUPY
LANDLORD AND TENANT
OCCUPATION
RETAIL
Outer House. Lord Penrose. 24 March 1995. Landlord and tenant - lease - tenants under contractual obligation to occupy and keep open premises intimating intention to cease operating part of their business from premises - Landlords seeking interim orders ordaining tenants to use, occupy and keep open the premises and interim interdict against taking steps to vacate - Whether appropriate and necessary - Court of Session Act 1988 (c36), s47(2). Interdict - interim interdict - balance of convenience - positive contractual obligation on tenants to use and occupy in particular way - tenants` proposal to cease operating part of their business from premises - dispute as to whether would give rise to breach of contractual obligations.
BUSINESS TENANCIES
COURT OF SESSION ACT 1988
COVENANT TO OCCUPY
LANDLORD AND TENANT
OCCUPATION
RETAIL