000			01785cad a22001935a 4500
001			E145736
008			081104e20080104stk v 000 0 eng u
035			_a(Sirsi) u145736
041	0		_aeng
245	0	0	_aBen Cleuch Estates Ltd v Scottish Enterprise _h[electronic resource]
260			_c2008
520			_a[2008] CSIH 1 CA38/05 4 January 2008. Appeal against a decision made on 1 March 2006 in favour of B (see L133211). 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 rejected the previous decision and ruled in favour of S. S justifiably believed that Bonnytoun was the landlord and were entitled to think that the break notice should be addresed to Bonnytoun.
590			_aKA
650	2	4	_aBEN CLEUCH ESTATES LTD V SCOTTISH ENTERPRISE
651		4	_aScotland _y1999-
690			_aPROPERTY-COMMERCIAL PROPERTY-LEASEHOLD COMMERCIAL PROPERTY-COMMERCIAL LANDLORD AND TENANT-BUSINESS TENANCIES
856	4	0	_uhttps://www.bailii.org/scot/cases/ScotCS/2008/CSIH_1.html _zView the judgement free of charge at www.bailii.org...
942			_n0
999			_c80926 _d80926