Podcast Location:
Download it here [file size: 40.7 MB]
Categories:
Commercial Property
Property Litigation
CPD Points:
Up to 1 point. details »

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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
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Regulated by ILEX:
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Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This CPDcast provides an in-depth discussion of the approach of the High Court in Marks and Spencer v BNP Paribas (2013) and provides a helpful summary and update of general issues which can arise when drafting or dealing with conditional break rights.

Outcomes:
After completing the course you will:
  • Be aware of the background to Marks and Spencer v BNP Paribas (2013);
  • Understand the basis of the decision in Marks and Spencer v BNP Paribas (2013);
  • Have contemplated the most important lessons which have arisen following Marks and Spencer v BNP Paribas (2013);
  • Know the issues which typically occur when a tenant’s break clause is conditional;
  • Have considered what type of breach will have the effect of frustrating a tenant’s right to break;
  • Be aware of recent case law regarding insurance premium conditions;
  • Have considered how co-operative a landlord has to be if the tenant wants assurance that a condition has been complied with;
  • Have considered whether vacant possession is an acceptable condition to a tenant’s break;
  • Be aware of the law governing the withdrawal of break notices.
Level:
General Interest Difficulty: 2 of 5
Classification:
Case Update
Practical Guide
Sources and References:
  • Attorney General of Belize v. Belize Telecom [2009] UKPC 10;
  • Avocet Industrial Estates LLP v Merol Ltd [2011] EWHC 3422 (Ch);
  • Canonical UK Ltd v TST Millbank LLC [2012] EWHC 3710 (Ch);
  • Capital & City Holdings Ltd v Dean Warburg Ltd [1989] 1 EGLR 90;
  • Fitzroy House Epworth Street (No. 1) Ltd. & Anor v The Financial Times Ltd. [2006] EWCA Civ 329;
  • Landlord and Tenant Act 1954;
  • Marks and Spencer v BNP Paribas [2013] EWHC 1279 (Ch);
  • NYK Logistics v Ibrend [2011] EWCA Civ 683;
  • PCE Investors Ltd v Cancer Research UK [2012] EWHC 884 (Ch);
  • Quirkco Investments Ltd v Aspray Transport Limited [2011] EWHC 3060 (Ch).
Tags:

This CPDcast discusses break clauses in the aftermath of the High Court decision of Marks and Spencer v BNP Paribas (2013) and other issues which can arise in relation to conditional break rights.

NEW! TRANSCRIPT INCLUDED IN ADDITIONAL INFORMATION

Date Recorded: 17th January 2014

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