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Landlord and tenant – Commercial lease – Construction. Court of Session: Allowing an appeal in a dispute as to the construction of the dilapidations provisions that applied on the termination of a commercial lease, the court held that the tenants' construction of the relevant clause was to be preferred, namely that they were not obliged to make payment to the landlords of whatever sum happened to be the total of the various cost estimates contained in a schedule of dilapidations and instead the clause was intended to reflect and reinforce the common law, under which the landlords would be entitled to the actual loss they sustained, which might be calculated using a number of different methods.
Landlord and tenant – Commercial lease – Construction. Court of Session: Allowing an appeal in a dispute as to the construction of the dilapidations provisions that applied on the termination of a commercial lease, the court held that the tenants' construction of the relevant clause was to be preferred, namely that they were not obliged to make payment to the landlords of whatever sum happened to be the total of the various cost estimates contained in a schedule of dilapidations and instead the clause was intended to reflect and reinforce the common law, under which the landlords would be entitled to the actual loss they sustained, which might be calculated using a number of different methods.
The Bar Council faces both opportunities and challenges on our key areas this year
Exclusive Q&A with Henry Dannell
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Sir Nicholas Mostyn, former High Court judge, on starting a hit podcast with fellow ‘Parkies’ after the shock of his diagnosis
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What's it like being a legal trainee at the Crown Prosecution Service? Amy describes what drew her to the role, the skills required and a typical day in the life
Barbara Mills KC wants to raise the profile of the family Bar. She also wants to improve wellbeing and enhance equality, diversity and inclusion in the profession. She talks to Joshua Rozenberg KC (hon) about her plans for the year ahead
The winning essay is ‘A fiction of defendant participation: Single Justice Procedure offences should be moved to the civil jurisdiction’ by Hal McNulty