It has been understood since the Hindcastle case in 1997 that a guarantor’s payment obligations under a lease survive disclaimer by an insolvent tenant’s liquidator. What has been less clear is how that works, given that the tenant’s obligation to pay rent dies when the lease is disclaimed. Does the guarantor’s liability continue because the
Monthly Archives: August 2014
Utilities companies denied power to take priority over other creditors in administration
The High Court of England and Wales handed down judgment last week in the case of Christine Mary Laverty and others as Joint Liquidators of PGL Realisations PLC and others v British Gas Trading Limited [2014] EWHC 2721. In an important decision for the insolvency industry, it was held that the statutory deemed contracts regime
UK: Flood Re – consultation on proposed regulations implementing the scheme
There has been much discussion about the Government’s plans to implement a new scheme for providing flood insurance to certain properties at greater risk of flooding (see post on Flood Re and our client briefing). The Water Act 2014 (which received Royal Assent on 14 May 2014) sets the legal framework and parameters within which