000 01234cad a22002415a 4500
001 L158150
008 140922e2014 xxk 000 0 eng d
035 _a(Sirsi) u158150
041 0 _aeng
245 0 0 _aMarks & Spencer Plc v BNP Paribas
260 _c2015
520 _a2015] 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.
590 _aKA
650 2 4 _aMARKS AND SPENCER PLC V BNP PARIBAS
650 2 4 _aBREAK CLAUSES
650 2 4 _aIMPLIED TERMS
650 2 4 _aAPPORTIONMENT TEST
651 4 _aEngland and Wales
_y1543-
690 _aLandlord and tenant
_96252
690 _aCommercial property
_96227
856 4 0 _uhttps://www.bailii.org/uk/cases/UKSC/2015/72.html
_zView the law report free of charge at www.bailii.org
942 _n0
999 _c84521
_d84521