Gyle Shopping Centre General Partners Ltd v Marks and Spencer Plc: SCS 25 Mar 2014

Outer House Court of Session – The pursuer avers that it has entered into an agreement with Primark Stores Ltd for the erection and leasing of a new retail store building which would abut the existing shopping centre and would be constructed on currently unbuilt-upon land including part of the car parking area. In this action the pursuer seeks declarator (i) that the defender has given its unqualified written consent to the use by the pursuer of this land for the construction of a new building to be leased to Primark; (ii) that it is entitled to construct the building and would not be acting unlawfully or in breach of the defender’s lease in so doing; and (iii) that the defender would be barred from taking any action to prevent construction on the ground that there is absence of agreement complying with the terms of either the Requirements of Writing (Scotland) Act 1995 or the defender’s lease. The defender contends that it has not given its agreement in probative writing to the construction of the building and accordingly that the pursuer is not entitled to commence construction.

Lord Tyre
[2014] ScotCS CSOH – 59
Requirements of Writing (Scotland) Act 1995

Land, Contract

Updated: 10 January 2022; Ref: scu.523283