Written reasons are awaited at time of going to press for the decision of the Inner House to reverse Lord Glennie’s refusal of interim interdict, where tenants sought to enforce a restriction in a back latter by their landlords in relation to the class of tenant to be accepted for another unit in the same development in Glasgow’s Merchant City.
In Ralph Lauren London Ltd v London Borough of Southwark Pension Fund Trustees the defenders had granted a back letter in which they undertook not to grant a first letting of the unit “to retailers other than high quality fashion retailers as are approved by” the pursuers. After the unit had stood empty for nearly 10 years they proposed to let it for use as a hairdressing salon.
The pursuers argued that the undertaking should be read in accordance with reasonable business expectations having regard to the context in which it was given, and the purpose of achieving a cluster of high fashion brands in order to attract customers. On 17 June Lord Glennie held that the terms of the undertaking were clear, and the defenders had not restricted themselves in any way concerning the grant of a first letting to non-retailers. Further, the term “retailer” did not extend to a hairdressing salon: any sale of hair and beauty treatments was merely an adjunct of its main business, the provision of hairdressing services.
This decision was reversed by the Inner House on 22 June. It is understood that the court felt that more debate was needed as to the purpose of the clause before deciding whether it came into play, and that it was not appropriate to disrupt the status quo without first hearing all the evidence.
In this issue
- Employee ownership: untapped succession solution for legal firms
- Cash call: cornering the council tax
- Tobacco Act sound
- Public profile
- Too much heat, not enough light
- Newly hatched
- Money matters
- Families in fear
- Get out of jail?
- People's choice
- E for explanation
- Who's Who in Corporate Insolvency
- Care with sensitive case papers
- Bullying: time to crack down
- SYLA reports successful year
- Middle East: back to growth
- Sheriff court auditor role to be restricted
- Law reform update
- From the Brussels office
- Solicitor's guide to internet porn
- Ask Ash
- Data sharing – the good practice guide
- Legal Risks – a conference reviewed
- Long-term solutions
- Removing hardship?
- 18 or 21?
- Lenders in the shade
- Demolition derby
- Time to come clean
- Scottish Solicitors' Discipline Tribunal
- Website review
- Book reviews
- Going the distance
- Fashion retailing comes to court