WEBINAR: Break clauses in a time of uncertainty

WEBINAR: Break clauses in a time of uncertainty

CategoryWebinars Archive Author David Sawtell Date

With uncertainty in the commercial real estate sector, parties may wish to consider whether it is time to exercise a break clause or negotiate its inclusion into a new lease.

In this live webinar, Damian Falkowski and David Sawtell of 39 Essex Chambers consider the perils and pitfalls of break clauses and how the most recent cases in this area have been decided.

What this live webinar will cover:

  • 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.


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




Date and Time

Tuesday 2nd June 2020, 10.30am – 11.30am

PLEASE NOTE: This webinar is hosted by Zoom. Please visit the Zoom website for their Terms & Conditions. 

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