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: