The Supreme Court re-frames the modern law of implied terms: Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd [2015] UKSC 72

“It is apparent that Lord Hoffmann’s observations in Belize Telecom … should henceforth be treated as a characteristically inspired discussion rather than authoritative guidance on the law of implied terms.”The leading judgment given by Lord Neuberger of the Supreme Court reinstates the traditional strict test when considering whether to imply words into a commercial contract.

The case has set the precedent on the law of implied terms in commercial contracts, making a significant departure from Attorney General of Belize v Belize Telecom Ltd [2009] UKPC 10, a case understood to have defined the modern law of implied terms.