Skip to main content

  • AddRemove
  • Build a Report 
Legal Update

Inconsistency is about substance, not just words:
Court of Appeal considers the law on implied terms in Irish Bank Resolution Corporation Ltd (In Special Liquidation) v Camden Market Holdings Corp & Ors

24 March 2017
Mayer Brown Legal Update

The Supreme Court's decision in Marks & Spencer v BNP Paribas Securities Services Trust Co (Jersey) Ltd in late 2015 reaffirmed the traditional approach to implied terms, putting to rest the suggestion made by some practitioners and academics that the Privy Council's decision in Attorney General of Belize v Belize Telecom (and, in particular, Lord Hoffman's opinion) had heralded a more liberal approach.

In Irish Bank Resolution Corporation Ltd (In Special Liquidation) v Camden Market Holdings Corp & Ors the Court of Appeal applied Marks & Spencer and provided a useful reminder of the principle that an implied term cannot contradict an express term of a contract.

Authors

  • Susan Rosser
    T +44 20 3130 3358
  • Stuart Pickford
    T +44 20 3130 3967
  • Jonathan Cohen
    T +44 20 3130 3536
The Build a Report feature requires the use of cookies to function properly. Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently. If you do not accept cookies, this function will not work. For more information please see our Privacy Policy

You have no pages selected. Please select pages to email then resubmit.