Goldacre (Offices) Ltd v Nortel Networks UK Ltd [2009] EWHC 3389 (Ch) – Law Journals

Case Law Round-Up: A kaleidoscope of cases

Alexandra Foxon and Gary Lawrenson summarise their highlights of 2014 focusing on commercial landlord and tenant cases ‘When negotiating new leases, express apportionment clauses are a “must have” for tenants.’ As we begin the new year, it is a good time to reflect on decisions that grabbed the headlines in the real estate world in …

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Break Clauses: Breaking up is hard to do – part 3

Dan Cuthbert outlines where the recent decisions in Game and M&S leave apportionment of rent ‘Both the M&S and the Game appeal are good news for landlords. Tenants will find it increasingly difficult to argue that they should recover rent for any period after the exercise of a break date.’ Over the last two years, …

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Administration: The Game is up

A recent Court of Appeal ruling has called a stop to company administrations that were tactically timed to fall after rent quarter dates. Bryan Johnston explains ‘It would be hoped that the outcome of Game will lead to co-operation between landlord and insolvency practitioner.’ The Court of Appeal has held that where a leasehold property …

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Administration Issues: A bloom-ing marvellous decision?

Rebecca Nash explains the background to the recent decision in Bloom and what it means for landlords ‘Before Goldacre, the law seemed quite easy to understand and apply. Many commentators felt it was also fair to both landlords and tenants.’ The Supreme Court’s decision in Bloom v The Pensions Regulator [2013], better known as Nortel …

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Administration: A question of timing

The recent decision in Luminar has confirmed that where rent is due prior to the date of an administration, it will not be an expense. Mark Reading analyses the court’s findings ‘Administrators will continue to delay putting a company into administration until after a quarter day, where the quarter day is imminent, in order to …

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Administrations: The test of time

The tactical use of administration timing continues following Goldacre and Luminar, as Robin Biela finds out ‘It seems inevitable that litigation and debate will continue over the appropriate balance of rights enjoyed by landlords, tenants and insolvency practitioners as high-profile companies continue to flirt with insolvency.’ While figures published by the Office for National Statistics …

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Insolvency: How to deal with a tenant in administration

A recent case has clarified the position of the landlord when dealing with a tenant in administration. David Marsden provides some background ‘A response by a landlord to any request to assign needs to be swift but also carefully considered as a landlord cannot add subsequent reasons later for their refusal to consent to assign.’ …

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Pre-Packs: Where next for rent in administration?

Nicholas Levy considers the evolution of the law on administrations and where we are now ‘The concept of liquidation has never been underpinned by any notion that the company or its business should be “rescued”. Administration, on the other hand, is part of the modern rescue culture.’ The controversy surrounding administrations (and particularly pre-pack administrations) …

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Equitable Mortgagees: Registration of legal charges

Can an equitable mortgage take priority over a legal mortgage where it is only protected by the registration of a notice? Laurie Heller discusses a case with a surprising outcome ‘The rights of an equitable mortgagee are now seldom the subject of reported cases; equitable mortgages are comparatively rare birds. A recent decision of Judge …

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Insolvency: Pre-packs: current and future proposals

With the growing popularity of pre-packs, Nigel Boobier and Daniel Cuthbert assess the issues surrounding them ‘This regulatory focus comes at a time of continued material challenges for business and an ongoing stream of administrations, particularly in retail, using pre-packaged sales.’It’s been a busy year for pre-packs. The announcement on 31 March from Ed Davey, …

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