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RA Securities Ltd v Mercantile Credit Co Ltd

Language: English Series: All England Law Reports ; (1994) 3 AllER 581-587 (7)Publication details: 1994Subject(s): Summary: ChD 18, 27 May 1994. The assignee of a lease (X) entered into a voluntary arrangement with his creditors. The landlord (R) was notified of the arrangement and although he did not attend the meeting was assumed to be party to it. The original lessee (M) was not notified. R did not stand to cover what he was owed and proceeded to claim from M. It was held that because M was not party to the voluntary arrangement they could not rely on it to avoid liability. Judgment for the plaintiff.
Holdings
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Law report London Journal article ABS53453 (Browse shelf(Opens below)) 1 Available 4308-1001

ChD 18, 27 May 1994. The assignee of a lease (X) entered into a voluntary arrangement with his creditors. The landlord (R) was notified of the arrangement and although he did not attend the meeting was assumed to be party to it. The original lessee (M) was not notified. R did not stand to cover what he was owed and proceeded to claim from M. It was held that because M was not party to the voluntary arrangement they could not rely on it to avoid liability. Judgment for the plaintiff.