News & Analysis as of

Commercial Leases UK Supreme Court

BCLP

Briefcase 2023 Quarter 2: Key Real Estate Cases and Updates

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In this quarter’s edition, we cover cases concerning continuing nuisance, business lease renewals, “subject to contract” and misrepresentation. We also tell you about the new Renters (Reform) Bill recently introduced to...more

BCLP

What a relief! High Court grants relief from forfeiture of an option to take a new lease

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This decision has confirmed that a court can grant relief from forfeiture in relation to a tenant’s option to take a new lease. It is a useful reminder for landlords that forfeiture does not apply solely to leases, and is a...more

BCLP

Briefcase - Quarterly Real Estate Update - June 2022

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Summary - ..Johnson –v- Spooner & Another – “Subject to contract” label not always conclusive. ..Milestar Limited –v- (1) Narendra Gandesha & (2) Homerton Holdings Limited – Can a tenant’s cross-claim defeat a...more

BCLP

Briefcase Quarterly Update: Key Real Estate Cases - July 2021

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Briefcase: Quarterly update on key real estate cases including: Pandemic Clause Included in Business Lease Renewal - ..A shopping centre lease renewal decision contains useful guidance on how the court will assess...more

Latham & Watkins LLP

Supreme Court Clarifies Test for Implied Terms

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The Supreme Court has clarified that, for a term to be implied into an agreement, it must be either necessary for business efficacy or so obvious that it goes without saying. This is a significant judgment for commercial...more

K&L Gates LLP

UK Supreme Court Upholds Court of Appeal Decision in M&S v BNP Paribas Rent Claim

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The UK Supreme Court has now handed down its greatly anticipated judgment in the case of Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Limited. The Court confirmed that where a break clause...more

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