Scottish Court of Session Decisions

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Cite as: [2015] ScotCS CSOH_50

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OUTER HOUSE, COURT OF SESSION

[2015] CSOH 50

CA192/14

OPINION OF LORD TYRE

In the cause

HOMEBASE LIMITED

Pursuer;

against

HAMMERSONS (KIRKCALDY) LIMITED

Defender:

Pursuer: Lindsay QC; DWF LLP

Defender: Dunlop QC; Brodies LLP

30 April 2015

[1] The pursuer is the tenant, and the defender the landlord, of retail premises at Chapel Level, Kirkcaldy. I shall refer to the parties as “the tenant” and “the landlord” respectively. The lease in favour of the tenant was granted by a predecessor of the landlord for a period of 25 years from 26 March 1997. The tenant wishes to assign its interest in the lease to a company called CDS (Superstores International) Limited. The landlord has not consented to the assignation.

[2] The issue in this case is the same as in Homebase Ltd v Grantchester Developments (Falkirk) Ltd, in respect of which I have issued an opinion of even date with this opinion. Although the terms of the two leases are not identical, it was agreed by the parties that the differences were not material for present purposes. I refer to and adopt the discussion in my opinion in the Grantchester case. For the reasons given in that opinion I shall, in the present case, repel the pursuer’s pleas in law, sustain the defender’s first plea in law (a general relevancy plea) and dismiss the action, reserving questions of expenses.