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Still an empty concept?

By: Contributor(s): Language: English Series: Estates Gazette ; (1129) 23 July 2011, 84-85(2)Publication details: 2011Subject(s): Summary: Reports on the Court of Appeal's decision in NYK Logistics (UK) Ltd v Ibrend Estates BV [2011] EWCA Civ 683 on the subject of break clauses. This case gives a clear definition of vacant possession but several problems arrise such as the distinction given between people and chattels. Arguably the decision in NYK is best understood not as a change in the law on vacant possession but rather a reformulation of existing principles.

Reports on the Court of Appeal's decision in NYK Logistics (UK) Ltd v Ibrend Estates BV [2011] EWCA Civ 683 on the subject of break clauses. This case gives a clear definition of vacant possession but several problems arrise such as the distinction given between people and chattels. Arguably the decision in NYK is best understood not as a change in the law on vacant possession but rather a reformulation of existing principles.