Ashtead Plant Hire Company Ltd v Granton Central Developments Ltd

Landlord and tenant – Commercial lease – Construction – Rent review – Expert's jurisdiction. Court of Session: In an action in which the tenant of commercial subjects sought declarator that the open market rent was to be calculated on the basis of a hypothetical lease of the subjects which disregarded the presence of any buildings or tenant's improvements, and the defender pled that the court had no jurisdiction to determine that dispute as the effect of a clause of the lease was that it fell within the exclusive jurisdiction of the expert appointed to determine the open market rent, the court held that on a proper construction of the lease the contracting parties did not expressly or impliedly agree that the legal interpretation of 'the leased subjects' and of the assumptions and disregards were remitted exclusively to the expert, and the court therefore had jurisdiction to entertain the action of declarator.

Category: