A closely-watched property lawsuit about the consequences of the UK’s planned departure from the European Union shouldn’t be referred to the European Court of Justice, lawyers for Canary Wharf said today.
The High Court is being asked to decide whether Brexit triggers the rarely used legal doctrine of “frustration” in the case of the European Medicines Agency and its £13m-a-year lease of premises at Canary Wharf. The lease runs until 2039 with no break clause.
If judge Mr Justice Marcus Smith decides that Brexit is a “frustrating event”, it would mean that the EMA could walk free of the lease of its premises at Churchill Place, E14.
Addressing the court today, Canary Wharf barrister David Anderson QC said the case was “not appropriate” for a Luxembourg referral.
He said the property industry had shown “a great deal of interest” in the case because of its “expensive nature”, and for that reason it had been fast-tracked though the court system. Asking the EU court to rule would cause as much as 15 months of delay, he said.
And if it were to be sent there, it would be heard after the UK had left the EU and was no longer represented on the court.
“This would be not quite take back control, but give it to the European Court while you still can,” he said.
The case, which is in its final stages, is due to finish early next week, with the judge expected to give his ruling before the UK leaves the European Union.
