Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Enforcement definition

What does Enforcement mean? Enforcement is the practical process of making a court order, judgment, decree or arbitral award take effect when the party bound has not complied by the deadline. It involves applying for, and using, court-sanctioned measures to secure compliance or recover sums due, including where permission is required. The term is descriptive rather than a single statutory definition; the available remedies depend on the jurisdiction and the nature of the order. England and Wales: governed mainly by CPR Parts 70–73, including writ/warrant of control, third party debt orders, charging orders (and orders for sale), attachment of earnings, possession and delivery up, appointment...

Keep open clauses in Scottish commercial leases: drafting, enforcement (interdict/specific implement), damages and contrasts with England and Wales

Published by a LexisNexis Property expert

Practice notes

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...

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Jennifer Guy

Brodies LLP

Jenni is a lawyer in the Real Estate team at Brodies LLP. She has extensive transactional experience in a range of commercial property transactions including: acting on behalf of tenants and landlords in commercial leasing transactions for office, retail, industrial and leisure properties; acting on behalf of purchasers and vendors in investment and development acquisitions and disposals; acting on behalf of borrowers and lenders in property financing transactions; and providing Scots law real estate support on high value cross-border transactions. Jenni also provides advice on insolvency related real estate issues as part of the Brodies Restructuring and Insolvency team and specialises in acting for insolvency practitioners and lenders in distressed asset sales....

Gareth Hale

Brodies LLP

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....

Web page updated on 29/05/2026

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