Lucas' Executors v Demarco

JurisdictionScotland
Date1968
Year1968
CourtCourt of Session
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8 cases
  • Cumbernauld and Kilsyth District Council v Dollar Land (Cumbernauld) Ltd
    • United Kingdom
    • House of Lords
    • 22 July 1993
    ...in the case of M'Douail's Trustees v. MacLeod 1949 S.C. 593, and, by necessary implication, in the case of Lucas's Executors v. Demarco 1968, S.L.T. 89." 16Both Lord Kilbrandon, and Lord Fraser expressed the view that the doctrine of non-purgeability of an irritancy for non-payment of rent ......
  • Lujo Properties Ltd Against Gruve Ltd
    • United Kingdom
    • Sheriff Court
    • 23 December 2022
    ...the Pre-Irritancy Notice. Reference was made to Dorchester Studies (Gla sgow) Ltd v Stone 1975 SC (HL) 56; Lucas’ Executors v Demarco 1968 SLT 89, 96. Sixth, by the date of service of the Irritancy Notice, the defender had already paid all arrears claimed in th e Pre-Irr itancy Notice. Ther......
  • Dollar Land (Cumbernauld) Ltd (Original Appellants and Cross-Respondents) v C.I.N. Properties Ltd (Original Respondents and Cross-Appellants) (Scotland)
    • United Kingdom
    • House of Lords
    • 16 July 1998
    ...authorities this argument was directed to the circumstances in which the irritancy had been exercised and not to its consequences: Lucas's Executors v. Demarco 1968 S.L.T. 89. The argument was rejected by their Lordships of the Second Division and it was not renewed in your Lordships' House......
  • City Inn Limited V. Shepherd Comstruction Limited
    • United Kingdom
    • Court of Session
    • 22 July 2010
    ...in William Grant & Sons Ltd v Glen Catrine Bonded Warehouse Ltd 2001 S.C.901. In view of the fact that Lucas's Executors v Demarco 1968 S.L.T. 89 was decided before the law of waiver was elaborated by the House of Lords in Armia Ltd v Daejan Developments Ltd, I do not find what was said the......
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