Dollar Land (Cumbernauld) Ltd v CIN Properties Ltd
Dollar Land (Cumbernauld) Ltd v CIN Properties Ltd
- 1997
- Scots Law Times 1997 SLT 260-279(20) .
Extra Division. Lords Sutherland, Cullen and Rodger. 25 April 1996. Process - res judicata and competent and omitted - previous case with same parties in House of Lords on question of whether irritancy clause could be enforced - subsequent action in Court of Session dealing with whether irritancy clause governed matters so as to exclude claim for unjustified enrichment - whether identity of subject matter - whether pursuers should have raised claim as defence to previous action. Recompensse - irritancy of lease - rent payable agreed percentage of rents received by tenant from subtenants - subjects of lease developed and operated by landlord and predecessors of tenant - landlord enforcing irritancy clause for non-payment of rent - tenant claiming in respect of loss of entitlement to share in income from development - whether landlord unjustifiably enriched - whether tenant entitled to recompense.
COMMERCIAL LEASES
Extra Division. Lords Sutherland, Cullen and Rodger. 25 April 1996. Process - res judicata and competent and omitted - previous case with same parties in House of Lords on question of whether irritancy clause could be enforced - subsequent action in Court of Session dealing with whether irritancy clause governed matters so as to exclude claim for unjustified enrichment - whether identity of subject matter - whether pursuers should have raised claim as defence to previous action. Recompensse - irritancy of lease - rent payable agreed percentage of rents received by tenant from subtenants - subjects of lease developed and operated by landlord and predecessors of tenant - landlord enforcing irritancy clause for non-payment of rent - tenant claiming in respect of loss of entitlement to share in income from development - whether landlord unjustifiably enriched - whether tenant entitled to recompense.
COMMERCIAL LEASES