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SUPREME COURT REITERATES STRICT APPROACH TO IMPLIED TERMS IN CONTRACTS

On 2nd December 2015 the Supreme Court handed down its decisiom in Marks & Spencer plc v. BNP Paribas Securities Services Trust Company (Jersey) Limited [2015] UKSC 72. Lord Neuberger, giving the leading judgment, emphasised that the test for implying a contractual term was a strict one. He also made it clear that interpretations of the decision of the Privy Council in Attorney-General of Belize v. Belize Telecom Limited [2009] 1 WLR 1988 which suggested that that case meant that the test had been relaxed were incorrect. Lords Hodge and Sumption agreed with Lord Neuberger, and Lords Carnwath and Clarke gave concurring judgments.

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