header-logo header-logo

18 April 2019 / Sally Anne Blackmore
Issue: 7837 / Categories: Features , Property , Brexit , Landlord&tenant , EU
printer mail-detail

Brexit frustration takes centre stage

Sally Anne Blackmore considers Canary Wharf v EMA: would Brexit frustrate a lease granted to the EMA?

  • Tests for frustration.
  • UK domestic and EU Law: different approaches.
  • Capacity.
  • Should the court have made a preliminary reference?

This case concerned whether Brexit would frustrate a lease granted to the European Medicines Agency (EMA). On 20 February 2019, Mr Justice Marcus Smith held that it would not and that the EMA remains obliged to perform its obligations under the lease (see Canary Wharf (BP4) T1 Ltd and other companies v European Medicines Agency [2019 ] EWHC 335 (Ch), All ER (D) 154 (Feb)).

Three companies—Canary Wharf—were responsible for constructing and managing a building at 25–30 Churchill Place, Canary Wharf (the property). The EMA—an institution of the EU, established by Regulation (EC) No 726/2004 of the European Parliament and of the Council (the 2004 Regulation), with its capacity wholly prescribed by Regulations and Decisions and its seat in London pursuant to one such Decision—wanted

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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
Thirty years after The Future of Law shook a profession still using fax machines, its central forecast looks increasingly less like prophecy and more like description
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
back-to-top-scroll