Michael Upton appears in Murrayfield Curling Ltd v Murrayfield Ice Rink Ltd
Themis member Michael Upton, instructed by Thorntons, represented Murrayfield Ice Rink in the Lands Tribunal, successfully opposing an application for the discharge or variation of title conditions.
The Ice Rink had built an adjoining Curling Rink and later sold it to Murrayfield Curling Ltd, subject to title conditions giving the Ice Rink control over works to the Curling Rink, and requiring it to be used only for curling and not to compete with the Ice Rink. The conditions were registered in 2008. Murrayfield Curling wanted the conditions changed to permit it to carry on an unrestricted range of activities, particularly in the summer when ice is not maintained on the Curling Rink.
The Tribunal held that the conditions legitimately protected the Ice Rink’s commercial interests and prevented impractical clashes between public events at the two venues, apart from being a matter of recent voluntary agreement between the parties.
Scottish Legal News reports the judgment here.
