CVAs: Caffè Nero – High Court rejects challenge

Adam Plainer, Kay Morley, Tayyibah Arif and Ola Majiyagbe consider a case where a landlord challenge, backed by a last-minute offer, was rejected on the grounds of material irregularity and unfair prejudice Last-minute offers, even if they have the potential to offer a better return to creditors, are less likely to succeed if they are …
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CVAs: Still in fashion

Following the New Look judgment, in which the retailer successfully defended a challenge to its CVA, Jonathan Dunkley provides his takeaways from a real estate perspective Since it was common ground that the CVA offered the compromised landlords a better return than they would achieve in the relevant alternative, the jurisdictional hurdle that there be …
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Lifting of rent recovery restrictions: Breaking the dam, or falling off the cliff?

As restrictions put in place at the start of the pandemic are lifted at the end of June, Mark Shelton considers the potential remedies currently available to landlords as well as those which could be introduced It seems plain that the corporate rescue culture will take primacy over the interests of landlords, and that many …
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