Ben Cleuch Estates Ltd v Scottish Enterprises [electronic resource]
Language: English Publication details: 2006Subject(s): Online resources: Summary: [2006] CSOH 35, 1 March 2006. Considered whether a break notice had been validly served by S on a property acquired on 14 October 2002. S had the benefit of a break option to terminate the lease 10 years early and sought to exercise that option, serving a formal notice of this intention. However, the notice was served on an associated company, Bonnytoun Estates Ltd. B contented that the notice was invalid and consequently raised court proceedings for the lease to continue until 2016. S argued that because B was a subsidiary of Bonnytoun Estates Ltd, the companies had the same registered office and company director, that was all that was required. As a secondary argument, S presented evidence of invoices issued by the B's agent that indicated that B was acting on behalf of Bonnytoun Estates Ltd. "Held" : Court ruled in favour of B. It was ruled that S had not thoroughly checked the details of the formal notice.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 133211-1001 |
[2006] CSOH 35, 1 March 2006. Considered whether a break notice had been validly served by S on a property acquired on 14 October 2002. S had the benefit of a break option to terminate the lease 10 years early and sought to exercise that option, serving a formal notice of this intention. However, the notice was served on an associated company, Bonnytoun Estates Ltd. B contented that the notice was invalid and consequently raised court proceedings for the lease to continue until 2016. S argued that because B was a subsidiary of Bonnytoun Estates Ltd, the companies had the same registered office and company director, that was all that was required. As a secondary argument, S presented evidence of invoices issued by the B's agent that indicated that B was acting on behalf of Bonnytoun Estates Ltd. "Held" : Court ruled in favour of B. It was ruled that S had not thoroughly checked the details of the formal notice.