A ruling allowing Marks & Spencer to claw back around £1.1m in rent and other charges it paid to the landlord of its former head office at The Point, Paddington, is to come under challenge at the Court of Appeal next March.
A date has been set for the appeal of 24 or 25 March 2014, with three judges yet to be allocated.
Morgan J granted landlord BNP Paribas Securities Services permission to appeal his June decision in the case.
M&S, which used floors 3, 4, 8 and 9 of The Point as overflow space to its new HQ at nearby Waterside House from 2006 until January 2012, claimed a total of £1,126,281 in overpaid rent, service charges, insurance rent and car park licence fees from its former landlord, after it exercised a break clause in January 2012.
Morgan J ruled it is entitled to repayment of the sums in respect of rent, insurance rent and car park licence fees, and said that it may be entitled to a further sum in respect of service charges for 2011 and 2012 when the final amounts of any credits it would have been entitled to are known.
Marks & Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd and anr Chancery (Morgan J) 16 May 2013
Guy Fetherstonhaugh QC (instructed by S J Berwin LLP) for the Claimant
Kirk Reynolds QC (instructed by Allen & Overy LLP) for the Defendant
