In an important decision for commercial property landlords, the High Court in Prudential Assurance Co Ltd and Others v PRG Powerhouse Limited and Others has ruled that a CVA (defined below) cannot operate so as to prevent landlords from enforcing a parent company guarantee. The Court's decision however was reached on the basis that to determine otherwise would have been "unfairly prejudicial" to the landlords.
United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Shepherd and Wedderburn LLP, Retail, Surety, Commercial property, Landlord, Consideration, Debt, Liability (financial accounting), Liquidation, Voting, Prejudice, Parent company, Insolvency Act 1986 (UK), High Court of Justice (England & Wales)
In a recent decision issued by Lord Drummond Young, one of the Scottish insolvency judges in the Court of Session, useful guidance has been issued which will be of interest to practitioners having to deal with the, not uncommon, situation of a retiring practitioner and replacement with a current partner in the same firm.
United Kingdom, Insolvency & Restructuring, Litigation, Shepherd and Wedderburn LLP, Dividends, Advertising, Interest, Retirement, Adoption, Liquidation, Common law, Liquidator (law), Prejudice, Court of Session