McMullen & Sons Ltd v Cerrone
McMullen & Sons Ltd v Cerrone
- 1993
- Property and Compensation Reports (1993) 66 P&CR 351-363(7) .
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.
DISTRESS FOR RENT
INSOLVENCY ACT 1986 S252(2)(B)
RENT ARREARS
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.
DISTRESS FOR RENT
INSOLVENCY ACT 1986 S252(2)(B)
RENT ARREARS