header-logo header-logo

Home Login E-newsletter About us
08 January 2016 / Julia Petrenko , Jamie Sutherland
Issue: 7681 / Categories: Features , Property
printer mail-detail

Back on the buses

© Copyright LexisNexis 2026. All Rights Reserved.
nlj_7681_sutherland_0

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Read All
Sponsored by
NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

NEWS
Read All
‘Lost years’ precedent overturned
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
NLJ this week: When ‘milk’ really means milk
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
NLJ this week: Civil practice with claws & caution
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
NLJ this week: Stealing virtual gold?
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
NLJ this week: Don’t let your LPA gather dust
Lasting powers of attorney (LPAs) are not ‘set and forget’ documents. In this week's NLJ, Ann Stanyer of Wedlake Bell urges practitioners to review LPAs every five years and after major life changes
Copyright © 2026 LexisNexis
back-to-top-scroll