(Scotland) The appellants sought compensation under the law of unjustified enrichment for losses sustained as a result of the exercise against them of a conventional irritancy.
Held: Where a landlord recovered possession of land under lease by an irritancy clause and thereby took benefit of substantial rents paid by former sub-tenants, was not subject to law of unjust enrichment and did not have to re-pay profits
Judges:
Lord Browne-Wilkinson, Lord Jauncey of Tullichettle, Lord Nolan, Lord Hoffmann, Lord Hope of Craighead
Citations:
Times 24-Aug-1998, [1998] UKHL 26, [1998] UKHL 53
Links:
House of Lords, Bailii, Bailii
Jurisdiction:
Scotland
Citing:
Cited – Dorchester Studios (Glasgow) Ltd v Stone HL 1975
The House was asked whether an irritancy clause was unreasonable. . .
Appeal from – Dollar Land (Cumbernauld) Ltd v CIN Properties Ltd OHCS 21-Apr-1995
An arrangement creating a common economic interest is not enough to create partnership. . .
See Also – Cumbernauld and Kilsyth District Council v Dollar Land (Cumbernauld) Ltd HL 22-Jul-1993
A walkway had existed from the town centre to residential areas. When the land was acquired the defendant new owners sought to close the walkway. The authority asserted that a public right of way had been acquired.
Held: There was no need to . .
Cited – Moncreiff v Hay 1842
The landlord acquired the growing crops sown by the tenant when he enforced an irritancy clause in a lease of agricultural property. . .
Cited – Chalmer’s Trustee v Dick’s Trustee 1909
The enforcement of an irritancy clause in an agricultural lease had deprived the tenants of all property in the crops growing at the time when the leases were terminated. . .
Cited – Stewart v Watson 1864
An irritancy clause taking effect on the sequestration of a tenant was lawful and, in contradistinction to a legal irritancy, could not be purged. . .
See Also – CIN Properties Ltd v Dollar Land (Cumbernauld) Ltd HL 21-May-1992
. .
Lists of cited by and citing cases may be incomplete.
Equity
Updated: 31 May 2022; Ref: scu.158957