Monday, 4 March 2019

Brexit Frustration – EMA Granted Leave to Appeal

The EMA has been granted leave to appeal the High Court’s decision, which went against it last month, on whether its lease of 30 Churchill Place in Canary Wharf has been frustrated by Brexit.

Mr Justice Marcus Smith has granted the appeal on grounds including “real prospects of success” concerning how English law should deal with the frustration of leases.

CoStar report that Frances Richardson, Head of Real Estate Litigation at Linklaters, said today: “Given the high stakes, it comes as no surprise that the EMA is pursuing an appeal. Mr Justice Marcus Smith’s judgment was a thorough restatement of the law on frustration in the context of leases, so it will be interesting to see which aspects the EMA will focus on unpicking, and how quickly the case will be heard given the pressure of time ticking down to Brexit.”

The appeal will be heard by the Court of Appeal not, as some had speculated, by the Supreme Court in a leapfrog appeal.

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