Shopping centre – variation of a lease – unreasonable withholding of consent by the tenant

Gyle Shopping Centre General Partners Ltd v Marks & Spencer plc [2015] CSOH (Lord Tyre) (12 February 2015)

Staying with Edinburgh for the moment, readers may recall from our November 2014 edition Commercial Leases Vol 28 Issue 9 at p2116, we highlighted two cases where the tenant (M&S) was at odds with its landlord over the extension of the Gyle Shopping Centre in central Edinburgh to accommodate a new store to be let to Primark. The extension was to be partly on unbuilt upon land and partly on part of the car park.