Sally Anne Blackmore considers Canary Wharf v EMA: would Brexit frustrate a lease granted to the EMA?
- Tests for frustration.
- UK domestic and EU Law: different approaches.
- Capacity.
- Should the court have made a preliminary reference?
This case concerned whether Brexit would frustrate a lease granted to the European Medicines Agency (EMA). On 20 February 2019, Mr Justice Marcus Smith held that it would not and that the EMA remains obliged to perform its obligations under the lease (see Canary Wharf (BP4) T1 Ltd and other companies v European Medicines Agency [2019 ] EWHC 335 (Ch), All ER (D) 154 (Feb)).
Three companies—Canary Wharf—were responsible for constructing and managing a building at 25–30 Churchill Place, Canary Wharf (the property). The EMA—an institution of the EU, established by Regulation (EC) No 726/2004 of the European Parliament and of the Council (the 2004 Regulation), with its capacity wholly prescribed by Regulations and Decisions and its seat in London pursuant to one such Decision—wanted a lease of part of the property for
