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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Company voluntary arrangements: Landlord and tenant perspectives

CVAs can provide a lifeline for tenants in financial difficulties but can severely diminish the value of a landlord’s investment. Lewis Couth considers CVAs from both parties’ perspectives and investigates a potential saving grace for landlords It is likely that landlords will have to face the risk of their leasehold investments diminishing in value in …
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Business interruption insurance: What now for landlords and tenants?

What does the Supreme Court’s ruling on business interruption insurance mean for landlords and tenants? Stephanie Reeves investigates Given the current level of confirmed cases, it is thought that most policyholders with relevant disease clauses should be able to show that Covid-19 has occurred within the required distance and, as a result, they should be …
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