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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

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The Legal Action Group (LAG)—the UK charity dedicated to advancing access to justice—has unveiled its calendar of training courses, seminars and conferences designed to support lawyers, advisers and other legal professionals in tackling key areas of public interest law
Refusing ADR is risky—but not always fatal. Writing in NLJ this week, Masood Ahmed and Sanjay Dave Singh of the University of Leicester analyse Assensus Ltd v Wirsol Energy Ltd: despite repeated invitations to mediate, the defendant stood firm, made a £100,000 Part 36 offer and was ultimately ‘wholly vindicated’ at trial
The Police and Criminal Evidence Act 1984 transformed criminal justice. Writing in NLJ this week, Ed Cape of UWE and Matthew Hardcastle and Sandra Paul of Kingsley Napley trace its ‘seismic impact’
Operational resilience is no longer optional. Writing in NLJ this week, Emma Radmore and Michael Lewis of Womble Bond Dickinson explain how UK regulators expect firms to identify ‘important business services’ that could cause ‘intolerable levels of harm’ if disrupted
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
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