Marks and Spencer plc v. BNP Paribas Securities Services Trust Company (Jersey) Limited and BNP Paribas Securities Services Trust Company Limited [2013] EWHC 1279 (Ch)

The much anticipated appeal of the High Court's decision in Marks and Spencer PLC v BNP Paribas Securities Services Trust Company (Jersey) Limited was heard by the Court of Appeal on 25 March 2014. The case concerns the recoverability of rent paid to comply with break clause pre-conditions. In particular, the Court will consider whether rent paid in advance can be recovered by tenants for time after a break date, where there is no express provision for a landlord to provide an apportioned refund in the lease.