Back in May we reported on the Court of Appeal’s decision in Marks & Spencer plc v BNP Parabis Securities Services Trust Company (Jersey) Limited & Another : http://plog.crippslaw.com/2013/05/break-notices-win-for-tenant.html
The Supreme Court has now granted permission to appeal against the Court of Appeal’s decision, with the date of the hearing yet to be set.
The Court of Appeal had overturned the High Court’s decision, ruling that it was not appropriate to imply a term into the lease entitling T to a refund of the rent that it had paid in advance in accordance with the express terms of the lease. The Court of Appeal refused the tenant permission to appeal.
We will now have to await the Supreme Court decision.
by Clare Greig, Chartered Legal Executive