Critical to the decision of the Court of Appeal was the wording of cl 1 of the lease which set out the term granted in the following way: «from and including 1 January 2003 to 28 September 2004 (hereinafter called «the term» which
expression shall include any period of holding
over or extension of it whether by statute or at common law or by agreement)...» Rimmer LJ, who gave the only substantive
judgment in the case, referred to the words in brackets in this clause as «the words of extension».