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Building Blocks: Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd



In this Building Blocks episode, Richard conveys the issues surrounding break clauses - namely, what happens if the break day doesn't correspond with the rent days - in the UKSC case of Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd [2015]. Unfavourable to tenants, the case disputed whether there was an implied term which would mean that the tenants - Marks and Spencers - could get their money back post break day after paying a quarter's rent in advance, when the quarter ended in March 2012, and the last rent day was December 25th 2011.

 

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