ChD, 28 April 2006. "Considers whether a break clause terminating commercial leases was effective because the tenant had not delivered up the premises with vacant possession. E had served break notices and subsequently reached a settlement with L, releasing E on payment of £172 000 from any further liabilities under the lease. E covenanted to keep the premises in no worse a state than they were at the date when a schedule of dilapidations had been produced. L claimed arrears of rent and service charges contending that the break clause was invalid as the premises were not with vacant possession. E argued that a full and final settlement had been reached earlier and the lease had been validly terminated. "Held": claim dismissed. The parties had agreed that the break clause notices had terminated the leases and the sum paid to L had been calculated on that basis. L could not resile from the agreed compromise. It was not necessary to determine whether vacant possession had been granted in the instant case.