In this webinar, Damian Falkowski and David Sawtell consider the perils and pitfalls of break clauses and how the most recent cases in this area have been decided.
What this webinar covers:
- “The right key which alone is capable of turning the lock”: service, time and contractual interpretation.
- Conditional break clauses: snares for the unwary? Marks and Spencer plc v BNP Paribas Securities Services Trust Co (Jersey) Ltd  UKSC 72,  AC 742 revisited.
- How vacant is vacant possession? Riverside Park Ltd v NHS Property Services Ltd  EWHC 1313 (Ch) and Goldman Sachs International v Procession House Trustee Ltd  EWHC 1523 (Ch),  EGLR 33 contrasted.
- Break clauses and the Landlord and Tenant Act 1954: triggering them and inserting them.
- Mind the (registration) gap: the interaction between break clauses and land registration, and the case of Sackville UK Property Select II (GP) No 1 Ltd v Robertson Taylor Insurance Brokers Ltd  EWHC 122 (Ch),  EGLR 13.
Damian Falkowiski and David Sawtell’s presentation, to view click here
About the speakers
Damian Falkowski practises in general commercial, banking and property matters.