Co-operative Ins. Socy. Ltd. V. Argyll Stores (Holding) Ltd.

1998 A.C. 1 (H.L.)

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Co-operative Ins. Socy. Ltd. V. Argyll Stores (Holding) Ltd.

House of Lords
1998 A.C. 1 (H.L.)

JL

Facts

Argyll Stores (Holding) Ltd. (Argyll) (defendant) operated a Safeway supermarket in a shopping center. Argyll leased the space from Co-operative Insurance Society Ltd. (the Landlord) (plaintiff) and agreed to keep the premises open for retail trade during the usual hours of business through the end of the lease on August 3, 2014. However, Argyll decided to close the store because it was losing money. The Landlord sued Argyll for breach of the agreement, and Argyll admitted that it had breached the lease. Argyll consented to an order assessing damages. The Landlord appealed to the Court of Appeal, which ordered specific performance of the covenant, requiring the business to be open through the end of the lease agreement. Argyll appealed to the House of Lords.

Rule of Law

Issue

Holding and Reasoning (Hoffman, Lord)

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