Caledonian gap widens
Connal, C.
Caledonian gap widens - 2003 - Estates Gazette (0328) 12 July 2003, 112(1) .
Article discusses the north-south divide in the application of keep-open clauses in the case of "Co-operative Insurance Society Ltd v Argyll Stores (Holdings) Ltd" (CA, Abs57165) and "Highland and Universal Properties Ltd v Safeway Properties Ltd" (CSIH, [2000] 3 EGLR 110). Article highlights that specific performance of a lease was the usual solution against tenants trading in Scotland, but not in England, although the Scottish Courts have set a new benchmark of 'exceptional' loss.
KEEP OPEN CLAUSES
CO-OPERATIVE INSURANCE SOCIETY LTD V ARGYLL STORES (HOLDINGS) LTD
HIGHLAND AND UNIVERSAL PROPERTIES LTD V SAFEWAY PROPERTIES LTD
LEASES
SPECIFIC PERFORMANCE
LOSS
OAK MALL GREENOCK LTD V MCDONALDS RESTAURANTS LTD
RETAIL PROPERTY
SCOTLAND
ENGLAND
Caledonian gap widens - 2003 - Estates Gazette (0328) 12 July 2003, 112(1) .
Article discusses the north-south divide in the application of keep-open clauses in the case of "Co-operative Insurance Society Ltd v Argyll Stores (Holdings) Ltd" (CA, Abs57165) and "Highland and Universal Properties Ltd v Safeway Properties Ltd" (CSIH, [2000] 3 EGLR 110). Article highlights that specific performance of a lease was the usual solution against tenants trading in Scotland, but not in England, although the Scottish Courts have set a new benchmark of 'exceptional' loss.
KEEP OPEN CLAUSES
CO-OPERATIVE INSURANCE SOCIETY LTD V ARGYLL STORES (HOLDINGS) LTD
HIGHLAND AND UNIVERSAL PROPERTIES LTD V SAFEWAY PROPERTIES LTD
LEASES
SPECIFIC PERFORMANCE
LOSS
OAK MALL GREENOCK LTD V MCDONALDS RESTAURANTS LTD
RETAIL PROPERTY
SCOTLAND
ENGLAND