Leisure Norwich II Ltd and ors v Luminar Lava Ignite Ltd (in administration) and ors
Leisure Norwich II Ltd and ors v Luminar Lava Ignite Ltd (in administration) and ors
- 2012
[2012] EWHC 951 (Ch), 28 March 2012. Landlords have no priority over other creditors of an insolvent tenant to recover pre-insolvency rent arrears, even when an administrator or liquidator makes subsequent use of their premises. Defendant LL's companies went into administration in October 2011 with rent outstanding for the September quarter. Administrators continued to trade from the defendant's premises but refused to pay the rent arrears as an expense. "Held": the administrators were not liable to pay the outstanding rent and the landlord, X-Leisure, could not recover the debt. Permission to appeal was refused.
LEISURE (NORWICH) II LTD V LUMINAR LAVA IGNITE LTD (IN ADMINISTRATION)
GOLDACRE (OFFICES) LTD v NORTEL NETWORKS UK LTD (IN ADMINISTRATION)
England and Wales--1543-
[2012] EWHC 951 (Ch), 28 March 2012. Landlords have no priority over other creditors of an insolvent tenant to recover pre-insolvency rent arrears, even when an administrator or liquidator makes subsequent use of their premises. Defendant LL's companies went into administration in October 2011 with rent outstanding for the September quarter. Administrators continued to trade from the defendant's premises but refused to pay the rent arrears as an expense. "Held": the administrators were not liable to pay the outstanding rent and the landlord, X-Leisure, could not recover the debt. Permission to appeal was refused.
LEISURE (NORWICH) II LTD V LUMINAR LAVA IGNITE LTD (IN ADMINISTRATION)
GOLDACRE (OFFICES) LTD v NORTEL NETWORKS UK LTD (IN ADMINISTRATION)
England and Wales--1543-