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Latest Legal News

Latest Legal News

Dilapidations And Contract Terms: The Goalposts Moved (Back)

Today’s Inner House decision in @SIPP Pension Trustees v Insight Travel Services Limited has realigned the law in Scotland on contractual interpretation, particularly in dilapidations disputes relating to commercial leases. 

Power is given back to the expert drafters and enforcers, to draft and enforce for the gain of their client. 

This is because simply applying the wording of a lease clause is back with increasing force. This is in line with the recent English UK Supreme Court case of Arnold v Britton

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LChalmers

Wrongful Interdict: Look Before You Leap!

As a court decision, published today, outlines the potential perils of seeking interim interdict, I am reminded of the ill-fated goat in Aesop’s Fable who unwittingly leapt into the well to his own entrapment. Obtaining interim interdict (injunction) in Scotland is always at the risk of the party seeking it.  If it turns out it wasn’t really justified, damages for wrongful interdict may be payable.  Today’s decision in Aird Geomatics Limited and Others against Richard Stevenson and Another, reinforces the importance of looking before leaping when it comes to interdic

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LChalmers

This Isn't Just Any Lease Dispute...

M&S are famous for their impressive ad breaks, but it is landlords who will be pleased to see the outcome of their high profile “break” with BNP Paribas.  Yesterday the UK Supreme Court confirmed that, in the absence of an express term in the contract, a tenant is not entitled to a refund of rent paid for a period after a break date.

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LChalmers