Administrators: Are you sitting comfortably?

David Marsden assesses a recent High Court case concerning financial prejudice suffered by administrators and forfeiture ‘Even if some prejudice is suffered by the administrators, it may not be enough to impede the purpose of the administration.’ The recent case of Lazari Investments Ltd v Saville [2015] states for the first time that financial prejudice …
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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, I …
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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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