The Supreme Court grants Marks and Spencer plc Permission to Appeal

The Supreme Court has recently granted permission to appeal against the Court of Appeal’s decision in Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd and another [2014] EWCA Civ 603.

In a dispute over the terms of a lease, the Court of Appeal had considered the test for implying terms into a contract. Arden LJ provided the leading judgment, in which she accepted that it must be necessary to imply the proposed term, but interpreted that as “necessary to achieve the parties’ express agreement, purposively construed against the admissible background”. The Supreme Court is expected to provide guidance on what is perceived to be a conflict of authorities on the importance on the concept of “necessity” when implying terms into a contract.

The date of the Supreme Court hearing has not yet been set so watch this space…

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