Co-operative Insurance Society Ltd v Halfords Ltd
Co-operative Insurance Society Ltd v Halfords Ltd
- 1998
- Scots Law Times 1998 SLT 90-94(5) .
Outer House. 19 March 1997. landlord and tenant - lease - tenants under contractual obligation to use premises as retail shop intimatin intention to leave premises - landlord seeking interim order ordaining tenants to keep premises in use and occupation without reference to specific purpose of such use and occupation - further conclusion seeking interdict against using premises other than for retailing - whether orders appropriate singly or in combination. Interdict - interim interdict - terms - interim interdict sought by landlords against tenants vacating or removing from shop units - whether order sought sufficiently precise to be appropriate - whether leaving premises empty but with window display would constitute vacating or removing. Landlord`s security for rent - implied obligation to plenish subjects in security of rent - interim interdict sought against displenishment in breach of implied obligation - whether appropriate.
COMMERCIAL LEASES
COURT OF SESSION ACT 1988
INTERDICT
INTERIM INTERDICT
INTERIM ORDERS
KEEP OPEN CLAUSES
SECURITY FOR RENT
Outer House. 19 March 1997. landlord and tenant - lease - tenants under contractual obligation to use premises as retail shop intimatin intention to leave premises - landlord seeking interim order ordaining tenants to keep premises in use and occupation without reference to specific purpose of such use and occupation - further conclusion seeking interdict against using premises other than for retailing - whether orders appropriate singly or in combination. Interdict - interim interdict - terms - interim interdict sought by landlords against tenants vacating or removing from shop units - whether order sought sufficiently precise to be appropriate - whether leaving premises empty but with window display would constitute vacating or removing. Landlord`s security for rent - implied obligation to plenish subjects in security of rent - interim interdict sought against displenishment in breach of implied obligation - whether appropriate.
COMMERCIAL LEASES
COURT OF SESSION ACT 1988
INTERDICT
INTERIM INTERDICT
INTERIM ORDERS
KEEP OPEN CLAUSES
SECURITY FOR RENT