Gareth Hale
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.
Practice Area
Panel
- Scottish Panel
Qualified Year
- 2005
Experience
- Maclay Murray & Spens LLP (2003 - 2017)
- Dentons UK & Middle East LLP (2017 - 2021)
Membership
- Property Litigation Association
- The Society of Writers to HM Signet
Qualifications
- LLB Hons (First Class) (2002)
- Diploma in Legal Practice (2003)
Education
- University of Glasgow (1998 - 2003)
1 Contributions by Gareth Hale
PRACTICE NOTES
Keep open clauses in Scottish commercial leases: drafting, enforcement (interdict/specific implement), damages and contrasts with England and Wales
This Practice Note explores keep open clauses in Scottish commercial leases. It explains what a keep open clause is and why parties may wish to include one in their lease; identifies key points for a solicitor when drafting; and outlines the remedies a landlord may seek where a tenant breaches the clause. It also briefly contrasts the enforcement approaches in Scotland and England, and notes the factors considered by the Scottish courts during enforcement. The Practice Note does not address the legal position outwith Scotland, other than short commentary on the difference in the English and Scottish court’s approach to enforcing keep open clauses. Accordingly, it does not cover drafting issues for English solicitors or the English common law. User restrictions and matters relating to change of use provisions are likewise excluded.
Keep open clauses-the basics
Common law position
Under Scottish common law, tenants are required to take possession and, at the outset, to use and occupy the leased subjects. At common law there is no obligation...
Property
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