The capacity of supermarkets to go to war with each other over
sites appears to be unlimited. Both in Scotland and in England
there has been significant litigation where either one supermarket
chain or another has been seeking to develop a site in preference
to a site proposed by a rival or alternatively seeking to stop a
rival with a view to protecting an existing outlet [Click
here to view the Supermarket Wars Article].
The most recent manifestation of this in the English courts
reached the Supreme Court (which has replaced the House of Lords),
involved Sainsbury and concerned use of compulsory purchase powers.
The commercial issues were referred to in the Opinion of Lord
Phillips in the following terms:- "Each purchased its land in
the hope of being able to use it for the purpose of the
development. Each shares the intention that its land should be used
for the development. In resisting the compulsory purchase of its
land each is motivated by commercial rivalry,
