The High Court has struck down a company voluntary arrangement on the ground that it unfairly prejudiced a landlord who was to lose the benefit of a guarantee given by the tenant’s parent company. The judge said it was “unreasonable and unfair in principle” to require the landlord to give up the guarantee and there was “no sufficient justification” for requiring the landlord to accept a sum of money in lieu.
United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Dechert LLP, Retail, Surety, Landlord, Leasehold estate, Electricity, Liquidation, Prejudice, Parent company, Trustee, High Court of Justice (England & Wales)
The Third Parties (Rights against Insurers) Act 2010 received Royal Assent on 25 March 2010. The Act modernises the Third Parties (Rights against Insurers) Act 1930 by streamlining the procedure by which a third party claimant can recover compensation from the insurer of a defendant.
United Kingdom, Insolvency & Restructuring, Insurance, RPC, Bankruptcy, Costs in English law, Legal personality, Debt, Liquidation, Unsecured creditor, Insolvency Act 1986 (UK), Court of Appeal of England & Wales