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08 August 2014 / Tamsin Cox
Issue: 7618 / Categories: Features , Property
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Breaking up is hard to do

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Tamsin Cox provides an update on the vexed issue of serving effective break notices

A break clause is fundamentally a unilateral option. Where there is no indication as to who may exercise the break, it is exercisable by the tenant only (Dann v Spurrier (1803) 3 Bos & P 399, [1803-13] All ER Rep 410), and, most crucially, where the exercise of a break clause is conditional, any conditions must be complied with strictly.

The rules seem straightforward, but it is as soon as one attempts to compose the notice in any given case that the true difficulty of establishing exactly what is necessary becomes obvious. There are endless complexities in establishing what sort of notice is required, by whom, on whom, and how it must be served, where, whether and how vacant possession must be given, and the practicalities of complying with any other specific conditions.

Friends Life

Quite how carefully any condition, however apparently inconsequential, must be complied with was emphasised again by the Court of Appeal

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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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