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    Turbulence ahead for landlords of insolvent tenants?
    2012-06-22

    As the prospects for business survival become ever tougher due to challenging economic conditions, administrators and liquidators are increasingly finding themselves having to justify to the courts whether or not costs should be treated as an expense of the administration or liquidation.

    Sums incurred or paid as an expense of an administration or liquidation are, unlike debts incurred before the appointment of the administrator or liquidator, paid in preference to unsecured debts and also before the administrator or liquidator's fees and expenses.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Real Estate, Stephenson Harwood LLP, Landlord, Leasehold estate, Liquidation, Liquidator (law)
    Location:
    United Kingdom
    Firm:
    Stephenson Harwood LLP
    The “client money” decision in the Lehman administration
    2012-06-01

    The Supreme Court decides how client moneys are to be allocated in the Lehman estate, which has far-reaching implications for distributions in other financial collapses.

    The Supreme Court has recently handed down a decision in a contentious and difficult application in the Lehman administration, a decision which fundamentally affects the allocation of client moneys in the Lehman estate.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Liquidator (law), Lehman Brothers
    Authors:
    Jumana Rahman
    Location:
    United Kingdom
    Firm:
    Latham & Watkins LLP
    Pre-administration rents - the Luminar judgment: the detail
    2012-04-19

    In our Law-Now of 4 April 2012 (click here for link), we reported on the decision of the court in the case of Leisure (Norwich) II Limited v Luminar Lava Ignite Limited (in administration).  The detailed judgment has now been released, setting out the rationale for the decision and summarising the position on rents in administration generally.

    The legal position on this issue is now:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, CMS Cameron McKenna Nabarro Olswang LLP, Liquidation, Liquidator (law)
    Authors:
    Pranai Karia , Danielle Drummond-Brassington
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Administrators get use of property rent free
    2012-04-30

    With the number of retail administrations up 15% in the first quarter of 2012 compared to a year ago (according to research by Deloitte), the recent High Court case of Leisure (Norwich) II Limited v Luminar Lava Ignite Limited (in administration) 28 March 2012 will be of particular interest to landlords.  They will not be pleased with the decision that unpaid rent which falls due prior to the appointment of an administrator/liquidator amounts to an unsecured claim against the insolvent tenant.  It is not to be treated as an expense of the administration/liquidation (and w

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Penningtons Manches Cooper LLP, Landlord, Liquidation, Liquidator (law), Unsecured creditor
    Authors:
    James Nadin
    Location:
    United Kingdom
    Firm:
    Penningtons Manches Cooper LLP
    Assigning claims from a bankrupt's estate: costs risks and how to avoid them
    2011-11-22

    Background
    Facts
    First instance decision
    Court of Appeal decision
    Comment

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, RPC, Bankruptcy, Liquidator (law)
    Authors:
    Benjamin Roe
    Location:
    United Kingdom
    Firm:
    RPC
    Court of Appeal enforces foreign judgment under the Insolvency Act
    2011-12-05

    A recent Court of Appeal case confirms that the Foreign Judgments (Reciprocal Enforcement) Act 1933 does apply to judgments in insolvency matters and that the Insolvency Act 1986 can be used to enforce a foreign judgment.

    In New Cap Reinsurance Corporation Ltd & Anr v AE Grant & Ors [2011] EWCA Civ 971, the Court of Appeal upheld the first instance decision of the Companies Court that a judgment obtained in Australia could be enforced in England under section 426 of the Insolvency Act (the IA) and at common law.

    NEW CAP RE: THE FACTS

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Locke Lord LLP, Conflict of laws, Liquidator (law), Insolvency Act 1986 (UK), Court of Appeal of England & Wales
    Location:
    United Kingdom
    Firm:
    Locke Lord LLP
    Pre-pack insolvency sales reforms delayed further
    2011-10-17

    New rules imposing extra regulation on pre-packaged insolvency sales by liquidators and administrators were expected to go live in October, but they will not now come into force before April 2012, according to the Insolvency Service. The delay is apparently due to the continued debate on the proposal for liquidators and administrators to have to give a three day notice period of a proposed sale aimed at giving creditors a chance to "express concerns ... or make a higher offer for the assets".

    Filed under:
    United Kingdom, Insolvency & Restructuring, Mills & Reeve LLP, Unsecured debt, Stakeholder (corporate), Liquidator (law)
    Authors:
    Tracey Atkins
    Location:
    United Kingdom
    Firm:
    Mills & Reeve LLP
    Court of Appeal upholds decision that Pensions Regulator’s demands are granted “super-priority” in insolvencies
    2011-10-20

    The Court of Appeal handed down its judgment on 14 October 2011 unanimously upholding the first instance decision that a Financial Support Direction (FSD) issued by the Pensions Regulator to an entity after it has commenced insolvency proceedings will rank as an expense of the administration, therefore affording it super-priority over floating charge holders and other unsecured creditors. This decisions has significant implications for lenders to groups with UK defined benefit pension plans if any of their security is taken as a floating charge.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Unsecured debt, Debt, Liability (financial accounting), Liquidator (law), Defined benefit pension plan, The Pensions Regulator (UK), Lehman Brothers, Court of Appeal of England & Wales, High Court of Justice (England & Wales)
    Authors:
    Catherine Drinnan , Gretchen Lennon
    Location:
    United Kingdom
    Firm:
    Latham & Watkins LLP
    Using insolvency processes to investigate fraud
    2011-08-12

    Payless Cash & Carry Limited v Patel and Others [2011]

    The decision of Mr Justice Mann in the High Court in Payless Cash & Carry Limited v Patel and Others [2011] exemplifies the detailed investigation which can be carried out by the appointment of a provisional liquidator or a liquidator in cases of suspected fraud. It also contains some useful comments on the extent of the liquidator’s evidential burden in such cases.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Kennedys Law LLP, Fraud, Value added tax, Legal burden of proof, Witness, Tax return (USA), Liquidator (law), Tobacco products, HM Revenue and Customs (UK), High Court of Justice (England & Wales)
    Authors:
    Steven Fennell
    Location:
    United Kingdom
    Firm:
    Kennedys Law LLP
    Beware the blessings of technology: email exchange may create a binding UK contract
    2011-09-14

    Recent remarks by the English High Court in the insolvency case Green (Liquidator of Stealth Construction Limited) -v- Ireland [2011] EWHC 1305 (Ch) suggest that in some circumstances, and at least in the context of fast-moving real property transactions, an exchange of emails may well satisfy the requisite formalities for creation of a binding and enforceable contract.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Pillsbury Winthrop Shaw Pittman LLP, Liquidator (law), Insolvency Act 1986 (UK), High Court of Justice (England & Wales)
    Authors:
    Raymond L. Sweigart
    Location:
    United Kingdom
    Firm:
    Pillsbury Winthrop Shaw Pittman LLP

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