Commercial leases and property management in Scotland

Acknowledging the importance of Scottish property practice to our customers, we are incrementally developing a new set of content on Scots property law for Scottish practitioners.

Scotland collections

The Scotland collection is a research tool collating guidance on key areas of law that are specifically relevant to Scotland. The collection brings together Scots law content from across a number of practice areas and includes links to Practice Notes, Checklists and Q&As as well as legal articles and analysis on legal issues directly affecting Scotland. See: Scotland collection. For a comprehensive list of Scottish property related content, see: Property in Scotland collection.

The experts and market standard

The scope and content of the Scottish commercial leases and property management topic is being developed in collaboration with the leading Property experts in Scottish property practice.

Research resources

The Scotland topic provides practical guidance and precedents linking to Stair Memorial Encyclopaedia by multi-contributors including Lord Hope of Craighead, Lord Carloway and Professors Kenneth Reid, Robert Rennie and George Gretton and case law resources:

  1. Session Cases (1821–present)

  2. Scottish Civil Law Reports (1986–present)

  3. Scottish

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Occupiers’ liability and the threshold test for duty of care (Lillystone v Bradgate)

PI & Clinical Negligence analysis: Upon appeal, the High Court found that a claimant casual footballer paying to play a ‘knockabout’ game at school premises where there were no arrangements in place to retrieve a ball kicked out of play into another part of the defendant’s sports facilities (adjacent sports playing fields) caused his own injury when he climbed a 2.1m gate and severely lacerated his hand. The claimant was a trespasser while climbing the gate between two adjacent parts of the premises where he was not a trespasser. The defendant’s duty of care did not extend to providing any system or facilities to aid ball retrievable, despite the trial judge’s findings that doing nothing and waiting was ‘not what football players would do’. The threshold test imposing a duty of care was not met because the claimant decided to climb the locked gate to gain access to adjacent playing fields. What amounts to ‘reasonable’ safety of visitors under section 2(2) and (5) of the Occupiers’ Liability Act 1957 (OLA 1957) appears to fall firmly within the characteristics equating to a definition of ‘reasonable’ amounting to ‘adequate’, rather than equating to the dictionary definition of reasonable ‘based on or using good judgment and therefore fair and practical’. On the facts and circumstances of this case the sports premises were safe, despite there being no facility for ball retrieval. The danger to the claimant only arose because the claimant decided to take a risk to climb a gate that was an obvious danger. Written by Abigail Holt, barrister at Garden Court Chambers.

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