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06
Jan
2011
2011
Successful Supreme Court Appeal - Multi-Link Leisure Developments Ltd v North Lanarkshire Council
James Findlay (QC, England & Wales) successfully represented North Lanarkshire Council before the Supreme Court as junior counsel in a dispute with Multi-Link Leisure Developments over a poorly drafted option clause in a lease of a golf course. The tenant sought to exercise the option but wished to pay only existing use value – i.e. on the basis of the golf course use, whilst the Council sought a development uplift on the basis that the golf course was likely to be developed for housing. The difference was substantial. The tenant was successful before the Lord Ordinary but the decision was overturned in the Inner House. Although the Supreme Court did not entirely agree with the reasoning of the Inner House, all five members of the Court found for North Lanarkshire and awarded the Council full expenses. Terra Firma Chambers members Stuart Gale QC and William Frain-Bell were instructed on behalf of the Appellant.