Property, Chancery & Commercial Archives

Category: Property, Chancery & Commercial

Jul

Corporate Insolvency and Governance Act 2020

Ipso facto provision introduced to UK insolvency landscape by the Corporate Insolvency and Governance Act 2020 (“the 2020 Act”). On 26 June 2020 the Corporate Insolvency and ...

Jul

Obtaining a Winding Up Order when the Corporate Insolvency and Governance Act 2020 applies retrospectively

Simon Newman of 1 Chancery Lane recently acted for a petitioner and obtained one of the first Winding Up Orders under the Corporate Insolvency and Governance Act 2020 (the 2020 Act). The unusual ...

Jul

Case Update: Property, Chancery & Commercial

In this Update John Bryant considers two cases which deal with the tragic circumstances in which the Forfeiture Rule applies, Richard Cherry reports on Court of Appeal’s first encounter with the ...

Jul

The Fate of Winding Up Petitions – Re: A Company (Injunction to Restrain Presentation of Petition) [2020] EWHC 1406 (Ch)

On 1 June 2020, Morgan J granted ex parte application to restrain the presentation of a winding up petition by a landlord of its tenant company, a high street retailer. The judgment can be ...

Jul

Interpretation of landlord’s right of entry: Rees v Earl of Plymouth [2020] EWCA Civ 816

Sometimes a judgment blows away the smoke produced by generations of lawyers and leaves the legal landscape a little bit clearer. The judgment of Lewison LJ in Rees v Earl of Plymouth is one ...

Jul

Forfeiting a lease for “Permitting or suffering” and immoral use: Marchitelli v 15 Westgate Terrace Ltd [2020] UKUT 192 (LC)

Many flats held under long leases are not occupied by the headlessee but someone occupying under a sub-tenancy. This arrangement can give rise to difficulties enforcing the terms of the headlease that ...

Jul

Gas Safety Records and Possession Proceedings: Trecarrell House Limited V Rouncefield [2020] EWCA Civ 760

Richard Cherry of 1 Chancery Lane appeared for the Respondent. A fuller note of Richard’s analysis of the Court of Appeal’s decision can be found

Jul

Death and the Forfeiture Rule – Amos v. Mancini [2020] EWHC 1063 (Ch) & Challen v. Challen [2020] EWHC 1330 (Ch)

The Forfeiture Rule It is a well-known principle of public policy that a person should not benefit from his or her criminal activity. As Fry L.J. put it in Cleaver ...

Jul

Corporate Insolvency and Governance Act 2020

UK insolvency landscape permanently changed by the Corporate Insolvency and Governance Act 2020 (“the 2020 Act”). On 26 June 2020 the Corporate Insolvency and Governance Act ...

Jul

Corporate Insolvency and Governance Act 2020

The ‘new normal’ for Statutory Demands and Winding Up Petitions under the Corporate Insolvency and Governance Act 2020 On 26 June 2020 the Corporate Insolvency and Governance ...

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