i-law

Commercial Leases

Licence to occupy business premises – rent arrears – no oral variation clause – oral variation – proprietary estoppel

MWB Business Exchange Ltd v Rock Advertising Ltd [2018] SC 24 (16 May 2018) (Lady Hale and Lords Wilson, Sumption, Lloyd-Jones and Briggs)

This case is about the terms of a licence which clearly precluded any variations to it save by way of a written agreement. The Court of Appeal held that such a clause did not preclude an oral variation. The Supreme Court reversed that decision. The opening paragraph of Lord Sumption’s speech reads:

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