Gareth Hale

Partner, Brodies LLP

Gareth is a litigator with more than 20 years' experience of helping clients to resolve their commercial disputes. He is recognised, in particular, for his work in the real estate sector.

Gareth advises clients on contract and asset-based disputes across a diverse range of sectors. He has acted for clients in disputes at every level of the civil courts and tribunals system, including at the UK Supreme Court. As an enthusiast for alternative dispute resolution, he is an accredited Mediator and has represented clients in Arbitration (including International Arbitration) and in Expert Determination. He is recognised by the legal directories as an expert in dispute resolution.

Contributed to

1

Keep open clauses in Scotland—drafting and enforcement

Practice Notes

This Practice Note considers keep open clauses in Scottish commercial leases. It outlines what a keep open clause is and considers why parties may want a keep open clause in their lease; what points a solicitor should consider when drafting a keep open clause; and remedies available to a landlord in the event of a tenant breach of the keep open clause. The Practice Note also briefly reviews the differing approach to enforcement of keep open clauses in Scotland and in England and finally looks at considerations of the Court during enforcement.

Property