Commercial lease – option to break – conditions precedent – payment of rent –apportion of rent paid on termination

Marks and Spencer plc v BNP Paribas Securities Trust Company (Jersey) Ltd and another [2014] EWCA Civ 603 (14 May 2014)

The first instance decision in this case of Morgan J was summarised in our June/July 2013 issue, Commercial Leases, Volume 27 Issue 5, at p1949. That decision has now been overturned on appeal. The appeal decision has been widely reported upon and commented upon in the legal press and so we summarise it briefly in this issue.