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February 11, 2019

A revival of the rule in Pigot’s Case? 


1. In Grove Park Properties Ltd v The Royal Bank of Scotland [2018] EWHC 3521 (Comm), the Claimant borrower sought to rely on the rule in Pigot's Case (1614) 11 Co. Rep 27 that a material alteration in a deed will render it void, and on what was said about this by Lord Kenyon CJ in Master v Miller (1791) 4 TR 320 at 329 when the principle was extended to “all written instruments”. 
 
2. As Chitty on Contacts 33rd edn., 2018, para.25-020 puts it: “If a pro...

January 7, 2016

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. Th...

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