Break Clauses and Rent Refunds: An analysis of the case of Marks & Spencer Plc v BNP Paribas Securities Services Trust Co (Jersey) Ltd
What happens to rent paid in advance when a commercial lease is terminated early under a break clause, and the lease is silent on refunds? This question was at the heart of the Supreme Court’s decision in Marks & Spencer Plc v BNP Paribas Securities Services Trust Co (Jersey) Ltd, a case that has become the […]
Disclosure in Civil Litigation – A Brief Overview
What is Disclosure? In simple terms, disclosure is the process by which each party makes another party aware of the present or previous existence of evidence that either supports or undermines a party’s case. The rules governing disclosure are set out in Part 31 of the Civil Procedure Rules. What Must Be Disclosed? Under the […]
Dispute Resolution – The Legal Process Explained
Pre-Action The dispute resolution process begins long before court proceedings, starting with a Letter of Claim (also known as a Letter Before Action or Letter Before Claim). This letter is the Claimant’s primary opportunity to clearly outline their claim, including the legal basis for it, before involving the Court. It is crucial for the Claimant […]