MEPC plc v Scottish Amicable Life Assurance Society and another
Language: English Series: Estates Gazette ; 1993 36 EG 133-134(2)Publication details: 1993Subject(s): Summary: CA 12 March 1993. In February 1979, the plaintiff landlord M granted S a 20-year lease on office premises in Brighton. In March 1989 M assigned lease to a Roger Pell-Stevens by licence dated 23 June 1989. Pell-Stevens was declared bankrupt and a third party E was appointed as his trustee in bankruptcy. E filed a notice of disclaimer in the prescribed form in bankruptcy proceedings. S`s contention that the disclaimer was only an assignment of the interest under the licence to assign and not a disclaimer in the estate was upheld in the ChD. Insolvency Act 1986 s315 dealing with disclaimers of onerous property considered. Held that the disclaimer was effective in disclaiming the lease. E`s cross appeal allowed with costs. S`s appeal dismissed with costs.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS49398 (Browse shelf(Opens below)) | 1 | Available | 71089-1001 |
CA 12 March 1993. In February 1979, the plaintiff landlord M granted S a 20-year lease on office premises in Brighton. In March 1989 M assigned lease to a Roger Pell-Stevens by licence dated 23 June 1989. Pell-Stevens was declared bankrupt and a third party E was appointed as his trustee in bankruptcy. E filed a notice of disclaimer in the prescribed form in bankruptcy proceedings. S`s contention that the disclaimer was only an assignment of the interest under the licence to assign and not a disclaimer in the estate was upheld in the ChD. Insolvency Act 1986 s315 dealing with disclaimers of onerous property considered. Held that the disclaimer was effective in disclaiming the lease. E`s cross appeal allowed with costs. S`s appeal dismissed with costs.