Marks And Spencer Plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd & Anor [2014] EWCA Civ 603 (14 May 2014)

Marks And Spencer Plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd & Anor [2014] EWCA Civ 603 (14 May 2014)

No term is to be implied into the lease entitling the tenant to repayment of rent paid in advance for the period after the break date when the lease is terminated early by the tenant exercising a break clause, as the lease, read as a whole against the relevant background, would not reasonably be understood to include such a term.

Citation
[2014] EWCA Civ 603
Parties
Respondent: Marks and Spencer PLC; Appellants: BNP Paribas Securities Services Trust Company (Jersey) Limited & Anr
Jurisdiction
England and Wales
Judgment Date
14 May 2014
Procedural Posture
Appeal From Chancery Division / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Implied Terms, Break Clauses, Apportionment of Rent, Restitution, Lease Termination
Landlord and Tenant Contract Law Implied Terms Break Clauses Apportionment of Rent Restitution Lease Termination

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Parties

Marks and Spencer PLC

Respondent

BNP Paribas Securities Services Trust Company (Jersey) Limited & Anr

Appellants

Procedural Posture

Appeal From Chancery Division / Court of Appeal Judgment

Legal Issues

  1. 1 Whether a term should be implied into a lease entitling the tenant to repayment of rent paid in advance for the period after a break date when the lease is terminated early by the tenant exercising a break clause.

Ratio Decidendi

No term is to be implied into the lease entitling the tenant to repayment of rent paid in advance for the period after the break date when the lease is terminated early by the tenant exercising a break clause, as the lease, read as a whole against the relevant background, would not reasonably be understood to include such a term.

Court Disposition

Appeal allowed

Orders

  • No implied term for repayment of rent, car parking fee, or insurance for the broken period; tenant not entitled to recover these sums.