Marks and Spencer v BNP Paribas: A new landscape for implied terms

For a number of years, the key decision as to when terms may be implied into a contract has been the Privy Council opinion in Attorney General of Belize and Others v Belize Telecom Ltd and Another1 (“Belize”). The opinion of the Supreme Court in Marks and Spencer plc v BNP Paribas Securities Service Trust Co (Jersey) Ltd and Another2 (“M&S”) has revisited and largely reversed Belize. The Facts of M&S Marks and Spencer were the tenant and BNP Paribas the landlord under four commercial leases. These leases required rent to be paid in advance on the usual quarter days. Each lease also contained a break clause allowing the leases to be terminated on 24 January 2012 – not a quarter day – provided

The Art of Cross Examination

It is undoubtedly the most technically difficult skill an advocate has to master. Cross examination, above all other parts of the trial lawyer’s duties, has the greatest scope and power to shift the dynamics of a trial or change the outcome of a case. The cross-examining advocate must account for a myriad of factors that stem from the great fluidity of trial litigation with its wide range of potential outcomes and competing influences, including the prejudices of a jury, interventionism of the judge, personality of the particular witness, perceptiveness of opposing Counsel, information hidden within documents, and the overall merits of the case. All this and more must be assessed often in th

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