K/S Meadow Way v DGM London Road Ltd

Landlord and tenant – Commercial lease – Assignation – Rectification – All parties not called. Court of Session: In a commercial action in which the tenant under a lease of a nursing home sought declarator that the lease was assignable without the landlord's consent, which failing rectification of the lease to that effect, the court refused to grant the declarator sought, holding that the parties envisaged that the lease would be unassignable and assignation was expressly excluded; it allowed parties to develop their pleadings on rectification and rejected the defender's submission that as certain parties had not been called the action should be dismissed.

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