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McMullen & Sons Ltd v Cerrone

Language: English Series: Property and Compensation Reports ; (1993) 66 P&CR 351-363(7)Publication details: 1993Subject(s): Summary: ChD 28 May 1993. When C, tenant jewellers, respondents in this action, fell into financial difficulties, they agreed to M`s proposal of individual arrangements under the Insolvency Act 1986 ptVIII. When rent arrears had risen to £15,000, the nominee informed M of C`s decision to close and sell the stock. A week later, on the final day of the insolvency order, bailiffs acting for M entered the premises and distrained goods prior to auction. C obtained orders to suspend the distress and return the goods. M appealed. "Held" that the Insolvency Act 1986 s252(2)(b) did not prevent the use of distress in these circumstances.
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Law report London Journal article ABS49826 (Browse shelf(Opens below)) 1 Available 72886-1001

ChD 28 May 1993. When C, tenant jewellers, respondents in this action, fell into financial difficulties, they agreed to M`s proposal of individual arrangements under the Insolvency Act 1986 ptVIII. When rent arrears had risen to £15,000, the nominee informed M of C`s decision to close and sell the stock. A week later, on the final day of the insolvency order, bailiffs acting for M entered the premises and distrained goods prior to auction. C obtained orders to suspend the distress and return the goods. M appealed. "Held" that the Insolvency Act 1986 s252(2)(b) did not prevent the use of distress in these circumstances.