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08 January 2016 / Julia Petrenko , Jamie Sutherland
Issue: 7681 / Categories: Features , Property
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Back on the buses

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The officious bystander rides (the Clapham omnibus) again: Jamie Sutherland & Julia Petrenko on implied terms after Marks and Spencer v Paribas

The recent Supreme Court decision in Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Limited and Another [2015] UKSC 72, [2015] All ER (D) 24 (Dec) dealt with that perennial source of contentious work for the landlord and tenant specialist, a tenant’s break clause in a commercial lease. However, the decision was of wide-reaching interest for its treatment of the law of implied terms: the Supreme Court were divided as to the continuing authority of Lord Hoffmann’s analysis of implied terms in Attorney General of Belize and Others v Belize Telecom Limited [2009] UKPC 10, [2009] 2 All ER 1127; and the result has been to confirm that implying a term is as difficult now as it ever was.

The decision in Marks and Spencer

Marks and Spencer concerned four commercial leases, effectively in identical form. Each lease provided for rent to be payable quarterly in advance on

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Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
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Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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