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Lord Neuberger said,

Implied terms in contracts:
14 …in order to succeed the claimant has to establish that such an obligation must be implied into the lease.
15 …there are two types of contractual implied term. The first, with which this case is concerned, is a term which is implied into a particular contract, in the light of the express terms, commercial common sense, and the facts known to both parties at the time the contract was made. The second type of implied terms arises because, unless such a term is expressly excluded, the law … effectively imposes certain terms into certain classes of relationship.

[He then addressed the five conditions in BP Refinery [here] adding]

21 I would add six comments on the summary given by Lord Simon in the BP Refinery case 180 CLR 266 , 283 as extended…in the Philips case…and exemplified in The APJ Priti [1987] 2 Lloyd’s Rep 37 .
First, in Equitable Life Assurance Society v Hyman [2002] 1 AC 408,…Lord Steyn [said] that the implication of a term was “not critically dependent on proof of an actual intention of the parties” when negotiating the contract. If one approaches the question by reference to what the parties would have agreed, one is not strictly concerned with the hypothetical answer of the actual parties, but with that of notional reasonable people in the position of the parties at the time at which they were contracting.
Secondly, a term should not be implied into a detailed commercial contract merely because it appears fair or merely because one considers that the parties would have agreed it if it had been suggested to them. Those are necessary but not sufficient grounds for including a term.
[T]hirdly, it is questionable whether Lord Simon’s first requirement, reasonableness and equitableness, will usually, if ever, add anything: if a term satisfies the other requirements, it is hard to think that it would not be reasonable and equitable.
Fourthly… although Lord Simon’s requirements are otherwise cumulative, I would accept that business necessity and obviousness, his second and third requirements, can be alternatives in the sense that only one of them needs to be satisfied, although I suspect that in practice it would be a rare case where only one of those two requirements would be satisfied.
Fifthly, if one approaches the issue by reference to the officious bystander, it is “vital to formulate the question to be posed by [him] with the utmost care”…
Sixthly, necessity for business efficacy involves a value judgment…It may well be that a more helpful way of putting Lord Simon’s second requirement is…that a term can only be implied if, without the term, the contract would lack commercial or practical coherence.

Edited for ease of reading.