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Chambers of Guy Fetherstonhaugh QC and Stephen Jourdan QC

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IHL Legal Briefings

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M&S and implied terms: better not left unsaid…

March 2016. By Falcon Chambers and Kester Lees

Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd [2015] is set to be the leading authority on implied terms for some time to come. The Supreme Court confirmed that the more restrictive test of strict necessity remained applicable in all cases. All practitioners must understand the impact of the decision both for the drafting of instruments, the exercise of contractual rights and before commencing potentially costly litigation. [Continue Reading]

Forfeiting leases: a practical overview

November 2015. By Falcon Chambers and Adam Rosenthal

Forfeiture is a means for a landlord to terminate a lease, in the event of some default by the tenant. The right must be conferred expressly: there must be a ‘forfeiture clause’ or a ‘proviso for re-entry’. It can be contrasted with a break clause exercisable by a landlord, which also confers a unilateral right to terminate, but not upon some default of the tenant (such as a right of forfeiture). The difference is that it is only where the landlord is exercising a right to forfeit the lease that the tenant can apply for relief against forfeiture: see Richard Clarke & Co v Widnall [1976].? [Continue Reading]

Licence to assign: some practical tips

September 2015. By Falcon Chambers, Stephanie Tozer, and Ciara Fairley

Almost all commercial leases prevent the tenant from assigning the lease without obtaining consent from the landlord. Disputes often arise and landlords, in particular, have to act quickly. The consequences of making a late decision are often no better than making the wrong decision: in either case, the landlord may end up with an undesirable new tenant or be stuck with a disgruntled existing tenant seeking damages. It is therefore important for both landlords and tenants to understand when the landlord is entitled to refuse consent. [Continue Reading]

Legal Developments by:
Falcon Chambers (Chambers of Guy Fetherstonhaugh QC and Stephen Jourdan QC)

  • Parking rights: here to stay? Consent might be the surprising answer 

    In the field of the acquisition of easements by prescription, little has caused more consternation over the last decade or so than the question of whether a right to park cars can be acquired by twenty years user as of right. The types of property capable of being adversely affected range from individual residential units all the way up to major development sites. The establishment of such a right can have a devastating impact on the value of the burdened land.

    - Falcon Chambers

Legal Developments in the UK

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