Britannia Invest A/S v Scottish Ministers

Contract – Commercial lease – Construction – Rectification. Sheriff Court: In an action in which landlords under a lease of commercial premises sought payment of service charges and, following the court's acceptance of the tenants' interpretation of a clause of the lease providing a cap in relation to liability for the service charge, sought rectification contending that the clause as interpreted by the court did not express the common intention of the parties as to how the service charge cap should operate, the court concluded that the clause did not give effect to the common intention of the parties to the lease at the date when it was made and so decree of rectification ought to be granted.

Category: