Podcast Location:
Download it here [file size: 20.1 MB]
Categories:
Residential Property
Property Litigation
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

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:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

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

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

When a break option is exercised half way through a quarter, are tenants allowed to recover the ‘overpaid’ rent? Ben Barrison tackles the question in this CPDcast and gives an in-depth discussion of the High Court’s approach to this question in the Marks and Spencer and BNP Paribas case as well as the implications of the case for landlords, tenants and their advisers.

Outcomes:
After completing the course you will:
  • Understand the background to the Marks and Spencer case;
  • Be aware of the implications of the Marks and Spencer case;
  • Understand the remedy of restitution and how this was approached by the High Court in the Marks and Spencer case;
  • Be aware of the circumstances under which the High Court was willing to imply a term into the lease in the Marks and Spencer case;
  • Understand what practical considerations should be born in mind when drafting or reviewing break clauses in light of recent developments.
Level:
General Interest Difficulty: 2 of 5
Classification:
Case Update
Sources and References:
  • Canonical UK Ltd v TST Millbank LLC [2012] EWHC 3710 (Ch);
  • Marks and Spencer Plc v BNP Paribas [2013] EWHC 1279 (Ch);
  • PCE Investors Ltd v Cancer Research UK [2012] 2 P&CR 71.
Tags:

This CPDcast discusses the recent interpretation of break clauses in the High Court case of Marks and Spencer Plc v BNP Paribas [2013] EWHC 1279 (Ch).

Date Recorded: 15th July 2013

NEW! TRANSCRIPT INCLUDED IN ADDITIONAL INFORMATION

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