Marks & Spencer Plc v BNP Paribas
Marks & Spencer Plc v BNP Paribas
- 2015
2015] UKSC 72, 2 December 2015.. Appeal concerned with break clauses in a lease and and implied term allowing for repayment of rent and services including car parking fees and insurance payed in advance once the break clauses had been put in place upon payment of the break premium. UKSC held that test for applied term in lease had not been met as there is no express term in lease allowing lessee M to claim for repayment of advanced rent and services paid prior to the break clause. Appeal by tenant M dismissed. CA decision upheld.
MARKS AND SPENCER PLC V BNP PARIBAS
BREAK CLAUSES
IMPLIED TERMS
APPORTIONMENT TEST
England and Wales--1543-
2015] UKSC 72, 2 December 2015.. Appeal concerned with break clauses in a lease and and implied term allowing for repayment of rent and services including car parking fees and insurance payed in advance once the break clauses had been put in place upon payment of the break premium. UKSC held that test for applied term in lease had not been met as there is no express term in lease allowing lessee M to claim for repayment of advanced rent and services paid prior to the break clause. Appeal by tenant M dismissed. CA decision upheld.
MARKS AND SPENCER PLC V BNP PARIBAS
BREAK CLAUSES
IMPLIED TERMS
APPORTIONMENT TEST
England and Wales--1543-