Interpretation of provisions in commercial leases
4 October 2016
Lord Doherty’s Opinion has been issued today in the case of Tonsley (Strathclyde) Limited and another v Scottish Enterprise. The case is the latest in a developing body of caselaw concerning the proper interpretation of provisions in commercial leases dealing with the remedies available to a landlord regarding the enforcement of terminal dilapidations obligations. Lord Doherty followed the approach of the Inner House in @SIPP Pension Trustees v Insight Travel Services 2016 SLT 131 and, in so doing, expressed the view that it was not open to him to follow his own previous Opinion in Mapeley Acquisition Co (3) Ltd (in receivership) v City of Edinburgh Council  CSOH 29.
David Thomson and Jonathan Barne, both of Axiom, appeared respectively for the Pursuer and the Defender.
A copy of Lord Doherty’s Opinion is available here (http://www.scotcourts.gov.uk/search-judgments/judgment?id=c0be1fa7-8980-69d2-b500-ff0000d74aa7).
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