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Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Limited and another 2015 UKSC 72
  • Clyde & Co LLP
  • United Kingdom
  • February 11 2016

In this case the Supreme Court confirmed that business efficacy must be a necessity for a term to be implied into a contract. The court commented


Implied terms: when can a term be implied into a contract?
  • RPC
  • United Kingdom
  • February 9 2016

The Supreme Court has clarified the law on implied terms: to be implied it must be necessary for business efficacy or alternatively be so obvious as


Supreme Court turns down shouts for a penalty
  • DLA Piper LLP
  • United Kingdom
  • February 4 2016

In this article we look at the importance of ensuring, where possible, that both parties take appropriately specialist legal advice when entering


Cavendish Square Holding BV v Makdessi: Penalties revisited
  • Clyde & Co LLP
  • United Kingdom
  • February 2 2016

In the Autumn 2014 edition of the Bulletin we considered the question of whether large deposits in property transactions could be considered


Supreme Court clarifies law on implied terms: "business efficacy" test remains
  • RPC
  • United Kingdom
  • January 21 2016

The Supreme Court has clarified the law on implied terms: in order for a term to be implied it must be necessary for business efficacy or


The legal test for implying terms into a contract - Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd & Anr 2015 UKSC 72
  • Fenwick Elliott Solicitors
  • United Kingdom
  • January 7 2016

This case here related to a claim by a tenant who argued that a term should be implied into a lease to the effect that certain advance payments


Implied terms - express requirements
  • CMS Cameron McKenna
  • United Kingdom
  • December 11 2015

The Supreme Court has unanimously clarified the requirements that must be satisfied before a term can be implied into a contract. Whilst the decision


Food, Farming and Land Quarterly - Winter 2015
  • Burges Salmon LLP
  • United Kingdom
  • December 10 2015

The EU Water Framework Directive, enacted in 2000 under a UK Presidency, sets as a key objective the achievement by all Member States of “good


The 12 'okays' of Christmas
  • Boodle Hatfield
  • United Kingdom
  • December 7 2015

Christmas, at least in the eyes of retailers and their landlords, starts early in the year. With the best laid plans all reaching their apex in the


Contractual terms will only be implied if necessary
  • Clifford Chance LLP
  • United Kingdom
  • December 3 2015

The Supreme Court has emphasised that English law takes a strict approach to the implication of terms into a contract. Terms will not be implied just