header-logo header-logo

18 April 2019 / Sally Anne Blackmore
Issue: 7837 / Categories: Features , Property , Brexit , Landlord&tenant , EU
printer mail-detail

Brexit frustration takes centre stage

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

DWF—11 appointments

DWF—11 appointments

DWF strengthens North West teams with 11 newly qualified solicitors

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll