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ARTICLE · 28 FEBRUARY 2019

How Frustrating Is Brexit?

In a painstaking judgment handed down yesterday morning, Marcus Smith J held that in the event that the United Kingdom does leave the European Union, as it is set to do on 29 March,

European UnionReal Estate and Construction

In a painstaking judgment handed down yesterday morning, Marcus Smith J held that in the event that the United Kingdom does leave the European Union, as it is set to do on 29 March, this action does not operate to frustrate a lease entered into by the European Medicines Agency (EMA).

The EMA is an agency of the European Union, and holds a 25-year lease in Canary Wharf, which was granted in 2014. After the referendum in June 2016, the EMA decided that, under European law, it had to move its headquarters to a location still within the European Union. It found alternative premises in Holland, and sought a declaration from the court that it would be relieved of its tenancy obligations under the doctrine of frustration.

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