Canary Wharf Brexit frustration case: The latest

and drawing a red line between the UK and the rest of EU, Brexit concept. Print publication


Walker Morris reported, at the end of last month, the High Court’s decision in Canary Wharf v EMA [1] that Brexit will not frustrate (and therefore effectively terminate) the European Medical Agency’s lease at Canary Wharf.  The High Court’s decision was generally welcomed because, had the High Court found for the EMA, countless leases and commercial contracts throughout the UK and even internationally would also have been immediately vulnerable, as other parties may have been tempted to rely on the case to seek to terminate arrangements which Brexit rendered unfavourable.

However, whilst the High Court’s decision was thorough and carefully reasoned, this is a high profile case which has very significant, far-reaching practical implications and we now understand that the EMA has been granted permission to appeal to the Court of Appeal. We will monitor and keep retailers apprised of key developments.