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

Foot Anstey LLP | Property Law Journal | July/August 2014 #323
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

Dentons | Property Law Journal | April 2014 #320
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: A question of timing

Nabarro LLP | Property Law Journal | April 2012 #288
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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Pre-Packs: Where next for rent in administration?

Trowers & Hamlins LLP | Property Law Journal | June 2012 #292
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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