Rely on the most comprehensive, up-to-date legal content designed and curated by lawyers for lawyers
Work faster and smarter to improve your drafting productivity without increasing risk
Accelerate the creation and use of high quality and trusted legal documents and forms
Streamline how you manage your legal business with proven tools and processes
Manage risk and compliance in your organisation to reduce your risk profile
Stay up to date and informed with insights from our trusted experts, news and information sources
Access the best content in the industry, effortlessly — confident that your news is trustworthy and up to date.
With over 30 practice areas, we have all bases covered. Find out how we can help
Our trusted tax intelligence solutions, highly-regarded exam training and education materials help guide and tutor Tax professionals
Regulatory, business information and analytics solutions that help professionals make better decisions
A leading provider of software platforms for professional services firms
In-depth analysis, commentary and practical information to help you protect your business
LexisNexis Blogs shed light on topics affecting the legal profession and the issues you're facing
Legal professionals trust us to help navigate change. Find out how we help ensure they exceed expectations
Lex Chat is a LexisNexis current affairs podcast sharing insights on topics for the legal profession
Discuss the latest legal developments, ask questions, and share best practice with other LexisPSL subscribers
Marks and Spencer plc (Appellant) v BNP Paribas Services Trust Company (Jersey) Limited and another (Respondents)  UKSC 72
Marks and Spencer (M&S) were tenants of four floors in a building under four leases on the same terms. They served notice to break the leases. The break clause was conditional on there being no arrears of basic rent or VAT on the basic rent and on payment of a lump sum of just under £1m—reflecting exactly a year’s rent.
The break date fell in the middle of a quarter on 24 January 2012. On the quarter day prior to the break date (25 December 2011), M&S paid the full quarter’s rent, full quarter’s ‘car park licence fee’ (also reserved as rent) and the full quarter’s on-account service charge. Approximately six months prior to the break it also paid a year’s insurance premium.
The High Court allowed M&S' claim to be reimbursed the amount which related to the period after the break date ie from 24 January 2012 to 24 March 2012.
The Court of Appeal allowed the landlord’s appeal, deciding that the lease, read as a whole against the relevant background, would not reasonably be understood to include a term providing for such reimbursement and so the test for an implied term was not met.
M&S appealed to the Supreme Court.
M&S accepted that there was no provision in the leases expressly obliging the landlord to pay the apportioned sum to the tenant. Accordingly, in order to succeed, M&S had to establish that such an obligation had to be implied into the leases.
The Supreme Court dismissed M&S’ appeal.
Access this article and thousands of others like it free by subscribing to our blog.
Read full article
Already a subscriber? Login
0330 161 1234