About this case

Case name

The Royal London Mutual Insurance Society Limited v Chisholm Hunter & Others

Case reference number

XA48/22

Date of hearing

Tuesday 20 June 2023

Division

First

Judges

Lord President, Lord Malcolm, Lord Boyd of Duncansby

Agents

For the appellants (Royal London)

Agents: Brodies LLP

For the respondents (Chisholm Hunter & Others)

Agents: Davidson Chalmers Stewart

Case description

The appellants, Royal London, own 28 Buchanan Street, Glasgow. The premises form part of a tenement comprising the Argyll Chambers, which in turn comprises a section of the Argyll Arcade:

The appellants argue that the title conditions for the property which apportion responsibility for common repairs and the creation of a tenement management committee are invalid. They argue that such matters should be regulated under the default provisions of the Tenements (Scotland) Act 2004. They applied to the Lands Tribunal under section 90(1)(a)(ii) of the Title Conditions (Scotland) Act 2003 for a determination to that effect.

The Tribunal held that the title conditions did validly provide for the apportionment of responsibility for common repairs. The appellants now appeal the Tribunal’s decision to the Inner House. The First Division will hear the appeal on Tuesday 20 June.