Insolvency
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Prudential Assurance Co Ltd and others v PRG Powerhouse Ltd and others; Luctor Ltd and othersv PRG Powerhouse Ltd and others
Company voluntary arrangement (CVA) – CVA affecting claimants as landlords of first defendant company – CVA purporting to release guarantees given by company’s parent company in favour of claimants regarding…
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PP 2007/32
Improper use of a company voluntary arrangement
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Burges Salmon selects Castlemore’s Temple
Landlord and tenant — Assured shorthold tenancy — Termination ?— Fixed-term tenancy for one year less one day — Tenancy providing for rent as a yearly sum payable quarterly —…
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In the matter of Newlands (Seaford) Educational Trust; Chittenden and others v Pepper and others
Insolvency — Insolvency Rules 1986 — Value of landlord’s claim — Company in administration — Landlord voting at creditors’ meeting on company voluntary arrangement — Landlord relying upon dilapidation schedule…
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In the matter of Newlands (Seaford) Educational Trust; Chittenden and others v Pepper and others
Landlord and tenant — Tenant company in administration — Voluntary arrangement — Creditors approving terms — Landlords claiming future rent and dilapidations — Chairman of creditors’ meeting valuing claim at…
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Ingram v Donohoe
Bankruptcy — Order for sale of property Exceptional circumstances — Likelihood of creditors being paid in full even if sale delayed — Whether this amounting to exceptional circumstances — Appeal…
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Secretary of State for Environment, Food and Rural Affairs v Feakins and another
Section 423 of Insolvency Act 1986 — Charging order in favour of claimant — Mortgagee selling farm to first defendant’s fiancée subject to tenancy — Tenancy held by first defendant’s…
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Secretary of State for Environment, Food and Rural Affairs v Feakins and another
Section 423 of Insolvency Act 1986 — Charging order in favour of claimant — Sale of farm by mortgagee to wife of first defendant subject to tenancy held by first…
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PP 2003/22
Landlord faced with tenant’s insolvency: A path through the maze. Quick answers are difficult to find when advising a landlord whose tenant is, or may become, insolvent.
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PP 2002/190
Landlord requiring guarantor to take new lease on disclaimer. A guarantor of a lease will normally covenant to take a new lease for the balance of the term in the…
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PP 2003/8
Worries for tenant when landlord goes bust. “The insolvent tenant enjoys more column inches in the legal press and law reports than the insolvent landlord…”.
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Whale and others v Viasystems Technograph Ltd and others
Charge created over after-acquired property — Borrower taking long lease of development land and immediately granting sublease for almost entire term — Whether chargee’s interest limited to dry reversion –…