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Landlord and tenant – Verbal lease – Action of delivery – Personal bar. Sheriff Court: In an action concerning a verbal lease of a garage forecourt shop that was converted into a chip shop, in which the pursuer sought delivery of moveable equipment that was installed in the chip shop, failing which payment of the value of the equipment, and payment of damages in respect of profits lost due to an alleged material breach of the verbal lease, the court held that the defender's defence to the action of delivery could not succeed but the pursuer could not rely on the personal bar provisions in the Requirements of Writing (Scotland) Act 1995 in order to recover damages for the loss of future profits on the basis of material breach of the verbal lease.
Landlord and tenant – Verbal lease – Action of delivery – Personal bar. Sheriff Court: In an action concerning a verbal lease of a garage forecourt shop that was converted into a chip shop, in which the pursuer sought delivery of moveable equipment that was installed in the chip shop, failing which payment of the value of the equipment, and payment of damages in respect of profits lost due to an alleged material breach of the verbal lease, the court held that the defender's defence to the action of delivery could not succeed but the pursuer could not rely on the personal bar provisions in the Requirements of Writing (Scotland) Act 1995 in order to recover damages for the loss of future profits on the basis of material breach of the verbal lease.
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