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Subrogation and set off of unliquidated claims
  • Eversheds LLP
  • United Kingdom
  • February 3 2015

In Spencer Day v Tiuta International Ltd and other 2014 EWCA Civ 1246, the Court held that a creditor who relies on subrogation is still a secured

Liability for business rates following disclaimer
  • Clyde & Co LLP
  • United Kingdom
  • November 24 2014

The High Court ruling in Schroder Exempt Property Unit Trust and another v Birmingham City Council 2014 EWHC 2207 provides helpful clarification on

Update: payment of rent by tenants in administration certainty in the law at last
  • Teacher Stern
  • United Kingdom
  • November 18 2014

It is now settled law that when an Administrator retains occupation of leasehold property on the basis that it will benefit of the company's

Tenants in administration and landlords: the rules of the Game change (again)
  • Teacher Stern
  • United Kingdom
  • November 14 2014

In recent Court decisions, the balance between Administrators and Landlords has shifted backward and forwards with great regularity. Both sides have

The game is up! - Game Retail Ltd. (Appellant) v. Pillar Denton Ltd. and Others (Respondents)
  • Locke Lord LLP
  • United Kingdom
  • November 12 2014

The Supreme Court has recently declined to hear retailer Game's appeal, ruling that there was no arguable point of law of general public importance

Insolvent tenants: administrators to “pay for what they use”
  • Winckworth Sherwood
  • United Kingdom
  • September 17 2014

In an important ruling for landlords and administrators alike, the Court of Appeal held in Jervis v Pillar Denton; re Game Station (2014 EWCA Civ

Rent as an administration or liquidation expense
  • Maples Teesdale
  • United Kingdom
  • September 16 2014

Can the landlord of a tenant that has gone into administration or liquidation claim preferential treatment, ahead of ordinary unsecured creditors

Who is liable for business rates after a lease is disclaimed?
  • Maples Teesdale
  • United Kingdom
  • September 16 2014

In the recent case of Schroder Exempt Property Unit Trust v Birmingham City Council, the High Court has confirmed that it is the landlord who is

Landlord liable for business rates following lease disclaimer
  • Hogan Lovells
  • United Kingdom
  • August 14 2014

It has been understood since the Hindcastle case in 1997 that a guarantor's payment obligations under a lease survive disclaimer by an insolvent

Disclaimer and rates liability
  • Dentons
  • United Kingdom
  • July 17 2014

A landlord is liable for business rates where a tenant's lease is disclaimed, even if the landlord does not take possession of the property