Marks and Spencer plc v BNP Paribas Securities Services Trust Company Ltd [2013] EWHC 1279 (Ch); [2014] EWCA Civ 603; [2015] UKSC 72 – Page 2 – Law Journals

Break Clauses: The letter of the law

Darrell Chiheb reviews a case clarifying the position on break clauses, which reasserts the importance of express over implied terms ‘While it may be tempting for a court to construe an instrument by the inclusion of implied terms to make it fairer or more reasonable, the court will use this power in only exceptional circumstances.’ …

Continue reading "Break Clauses: The letter of the law"

This post is only available to members.

Contract: Something for everyone

Mark Lawrence and Jonathan Pratt investigate recent Supreme Court guidance on break rights and implied terms ‘All five members of the Supreme Court were clear that… a term can only be implied into a contract where it is necessary to make that contract work. This should, therefore, be the starting point for anyone involved in …

Continue reading "Contract: Something for everyone"

This post is only available to members.

Interpretation Of Contracts: When words speak louder than actions

A recent Supreme Court ruling took a very literal approach to the interpretation of service charge provisions. Robin Biela assesses the judgment and its implications ‘There is considerable benefit for both landlord and tenant in having a fixed service charge that increases by reference to clear, objective criteria and requires no outside information.’ In Arnold …

Continue reading "Interpretation Of Contracts: When words speak louder than actions"

This post is only available to members.

Landlord And Tenant Basics: Lease expiry

Penelope-Jane Gibbs discusses the important procedural requirements for tenants of commercial premises to consider before the expiry of their lease ‘If there are no provisions in the tenancy as to how rent should be apportioned at the expiry of the term and a tenant serves a notice to quit, to end part way through a …

Continue reading "Landlord And Tenant Basics: Lease expiry"

This post is only available to members.

Case Law Round-Up: A kaleidoscope of cases

Alexandra Foxon and Gary Lawrenson summarise their highlights of 2014 focusing on commercial landlord and tenant cases ‘When negotiating new leases, express apportionment clauses are a “must have” for tenants.’ As we begin the new year, it is a good time to reflect on decisions that grabbed the headlines in the real estate world in …

Continue reading "Case Law Round-Up: A kaleidoscope of cases"

This post is only available to members.

Break Clauses: Breaking up is hard to do – part 3

Dan Cuthbert outlines where the recent decisions in Game and M&S leave apportionment of rent ‘Both the M&S and the Game appeal are good news for landlords. Tenants will find it increasingly difficult to argue that they should recover rent for any period after the exercise of a break date.’ Over the last two years, …

Continue reading "Break Clauses: Breaking up is hard to do – part 3"

This post is only available to members.

Apportionment Of Rent: Breaking up is hard to do – part 2

Dan Cuthbert assesses the problem with Ellis v Rowbotham in the light of a recent decision ‘Morgan J concluded that a reasonable person reading the lease would expect that in a case where the break clause was operated to take effect on 24 January 2012 that the rent would be payable for the term to …

Continue reading "Apportionment Of Rent: Breaking up is hard to do – part 2"

This post is only available to members.

Break Clauses And Apportionment Of Rent: A ray of light for tenants?

Richard Flenley and Joe Edwards review a case that indicates the court’s current stance on the repayment of sums on the valid exercise of a break clause ‘The decision represents something of a chink of light for tenants in what was previously a very landlord-friendly arena.’ There has been a line of cases – most …

Continue reading "Break Clauses And Apportionment Of Rent: A ray of light for tenants?"

This post is only available to members.