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M&S v BNP Paribas case update - May 2014

The Court of Appeal in M&S v BNP Paribas has closed the door to tenants which have successfully operated break clauses and wish to claim back rent paid for a period post the break date.



Supreme Court - encouraging noises for developers

The Supreme Court in Coventry v Lawrence has altered the approach that Courts will take when considering whether to grant injunctive relief or damages. It has also confirmed the possibility of an easement for the right to emit noise and examined how relevant a planning permission is in an action for nuisance.



Game changing result for the Real Estate Sector

Landlords have won their appeal in the case surrounding the Game administration to claim unpaid rent for a period that a company is in administration and trading from a property as an expense of the administration (as opposed to merely a provable debt), irrespective of when the due date for rent payment occurs.



Related expertise

Key contacts

Leona Ahmed, Real Estate Divisional Managing Partner

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Adrian Collins, Partner

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Jane Hollinshead, Partner

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Mark Haywood, Partner

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Our 30 partner, more than 100 associate strong real estate practice represents a formidable power-house in the UK

We act for some of the foremost institutional investors, banks, developers and retailers including Standard Life, Scottish Widows, Threadneedle, Lloyds, British Land, Peel, Primark and Co-op.

Our team, operating out of London, Leeds and Manchester, as well as Asia and the GCC, has won numerous awards and is ranked highly by independent commentators, as are a number of our leading individual practitioners.

Our skill set includes the increasingly emergent alternative real asset asset classes (student accommodation, private rented, infrastructure and energy).


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