In Marks and Spencer v BNP Paribas , the Supreme Court restated the law on the implication of terms in fact, rejecting the previously authoritative approach taken by Lord Hoffmann in Attorney General of Belize v Belize Telecom Ltd . This article examines two major departures from Belize in Lord...
On 7 October 2015 the Supreme Court heard the case of Marks and Spencer plc v. BNP Paribas Securities Services Trust Company (Jersey) Limited. The Supreme Court considered whether the appellant’s lease contained an implied term allowing the appellant, upon termination of the ...