Optical Express (Gyle) Ltd v Marks & Spencer Plc
| Jurisdiction | Scotland |
| Year | 2000 |
| Date | 2000 |
| Court | Court of Session (Outer House) |
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5 cases
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Gyle Shopping Centre General Partners Ltd As Trustee For And General Partner Of Gyle Shopping Centre Limited Partnership V. Marks And Spencer Plc
...question would turn on whether the right was inter naturalia of a lease such as this: Optical Express (Gyle) Ltd v Marks and Spencer plc 2000 SLT 644 (OH), Lord Macfadyen at para.8, referring in turn to a dictum of Lord Moncrieff in Bisset v Magistrates of Aberdeen (1898) 1F 87 at 90 where ......
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Robert Mark Gibson And Another V. The Royal Bank Of Scotland Plc And Others
...sought to enforce an option to use a strip of ground for street purposes); Optical Express (Gyle) Limited v Marks & Spencer plc 2000 SLT 644 (where tenants holding monopoly trading rights under an unrecorded back letter were refused interdict against competition from incoming tenants elsewh......
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Warren James (jewellers) Limited V. Overgate Gp Limited
...13, paragraphs 239 and 240, Rankine on Leases, page 478, Davie v Stark, 1876, 3 R 1114, Optical Express (Gyle) Ltd v Marks & Spencer PLC, 2000 SLT 644, and Bisset v Magistrates of Aberdeen, 1898, 1 F 87. This had two consequences. First, because it was binding on singular successors, such a......
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Reclaiming Motion By Baroness Miranda Van Lynden Against Colin Gilchrist
...2006 SLT 591 under reference to Bisset v Magistrates of Aberdeen (1898) 1 F 87 and Optical Express (Gyle) Ltd v Marks and Spencer Plc 2000 SLT 644. I do not see this consideration to be of any materiality on Mr MacNeill’s approach to Clause Ninth and Clause Fifteenth. He certainly did not s......
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2 books & journal articles
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Transmissibility of Lease Conditions in Scots Law – A Doctrinal-Historical Analysis
...Prop LB 4–6 and 2001(50) Prop LB 3–5. and exclusivity clauses.88The key case being Optical Express (Gyle) Ltd v Marks & Spencer plc 2000 SLT 644. See also Warren James (Jewellers) Ltd v Overgate GP Ltd [2005] CSOH 142 per Lord Drummond Young at [16]. Equally, questions may arise in relation......
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Options for the Offside Goals Rule
...real right held by B. If A subsequently grants a real right in the same subjects2525Optical Express (Gyle) Ltd v Marks & Spencer plc 2000 SLT 644 at 652A per Lord Macfadyen. to C in breach of that prior obligation, the grant is voidable at B's instance if C knew of the prior obligation or i......