Implied terms again

In our December 2015/January 2016 issue (pp 9–12) consideration was given to the decision of the Supreme Court in Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd [2015] UKSC 72, [2015] 3 WLR 1843 and to the relationship between the interpretation of terms and the implication of terms. The Supreme Court gave further consideration to this issue in its decision in Trump International Golf Club Scotland Ltd v The Scottish Ministers [2015] UKSC 74.