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Break clauses in a time of uncertainty

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 [2015] UKSC 72, [2016] AC 742 revisited.
  • How vacant is vacant possession? Riverside Park Ltd v NHS Property Services Ltd [2016] EWHC 1313 (Ch) and Goldman Sachs International v Procession House Trustee Ltd [2018] EWHC 1523 (Ch),  [2018] 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 [2018] EWHC 122 (Ch), [2018] EGLR 13.

Presentation slides:

Damian Falkowiski and David Sawtell’s presentation, to view click here

Click here to view the webinar

About the speakers

Angus Walker

Damian Falkowski

Damian Falkowski practises in general commercial, banking and property matters.

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Sian Davies

David Sawtell

David specialises in substantial construction and property disputes, as well as commercial dispute resolution.

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