Breaking Bad — episode two: the next chapter in conditional break options
By Kate Barry
In Marks & Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd, the Court of Appeal has given its judgment in the last of a series of significant break option cases.
At first instance, the High Court held that a clause should be implied into a lease allowing the tenant, M&S, to recover payments of rent and other sums relating to the period after a lease had been broken.
On the landlord’s appeal, the Court of Appeal has reversed the earlier decision. This outcome, with the recent Siemens appeal, appears on first glance to dial back to a less tenant-friendly position. However, that is not necessarily the case and this case is unlikely to be the last word on conditional options…
Click on the link below to read the rest of the Shoosmiths briefing.
News from Shoosmiths
News from The Lawyer
Briefings from Shoosmiths
An employee or witness who is fearful of giving evidence as part of a disciplinary process can cause difficulties for an employer.
Damages recoverable from a tenant: the differences in England and Scotland.
Analysis from The Lawyer
Compliance and corporate governance codes for large financial institutions will undoubtedly include provisions to regulate high pay in the future
There’s more to the ABS model than attracting the man in the street and procuring external investment. Partners at the big corporate firms, take note…