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Caledonian gap widens

By: Series: Estates Gazette ; (0328) 12 July 2003, 112(1)Publication details: 2003Subject(s): Online resources: Summary: 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.
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Journal article London Journal article ABS66911 (Browse shelf(Opens below)) 1 Available 123216-1001

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.