Hindcastle Ltd v Barbara Attenborough Associates Ltd and others
Hindcastle Ltd v Barbara Attenborough Associates Ltd and others
- 1996
- Weekly Law Reports (1996) 2 WLR 262-280(17) .
HL 22 February 1996. In 1987 a lease was assigned to second defendant by licence promising to observe and perform covenants for remainder of lease with third defendant acting as surety to guarantee the performance of obligations by second tenant. In 1989 the premises were assigned to a company which went into voluntary liquidation in 1992. The liquidator disclaimed the lease under Insolvency Act 1986 s178. Plaintiff landlord claimed rent arrears from defendants and was granted summary judgment under RSC Order 14. On appeal upheld CA decision that three defendants were liable to lessor. "Stacey v Hill" 1901 oveturned. Appeal dismissed.
ASSIGNMENT
DISCLAIMERS
INSOLVENCY ACT 1986 S178
Insolvency
LEASES
NON-ASSIGNED
ORIGINAL TENANT
PRIVITY OF CONTRACT
RENT ARREARS
STACEY V HILL
HL 22 February 1996. In 1987 a lease was assigned to second defendant by licence promising to observe and perform covenants for remainder of lease with third defendant acting as surety to guarantee the performance of obligations by second tenant. In 1989 the premises were assigned to a company which went into voluntary liquidation in 1992. The liquidator disclaimed the lease under Insolvency Act 1986 s178. Plaintiff landlord claimed rent arrears from defendants and was granted summary judgment under RSC Order 14. On appeal upheld CA decision that three defendants were liable to lessor. "Stacey v Hill" 1901 oveturned. Appeal dismissed.
ASSIGNMENT
DISCLAIMERS
INSOLVENCY ACT 1986 S178
Insolvency
LEASES
NON-ASSIGNED
ORIGINAL TENANT
PRIVITY OF CONTRACT
RENT ARREARS
STACEY V HILL