Innovate Logistics Ltd (In Administration) v Sunberry Properties Ltd (Record no. 81239)

MARC details
000 -LEADER
fixed length control field 01946cab a22002175a 4500
001 - CONTROL NUMBER
control field L146677
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 090213e20081118xxk f v 000 0 eng d
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u146677
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title Innovate Logistics Ltd (In Administration) v Sunberry Properties Ltd
Medium [electronic resource]
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2008
520 ## - SUMMARY, ETC.
Summary, etc. [2008] EWCA Civ 1321, 18 November 2008. Case shows that the interests of creditors of an insolvent tenant may take precedence over those of a landlord. An appellant company (R) in administration, appealed against a prior decision giving R's landlord (S) permission to commence legal proceedings seeking an order to terminate an occupational license granted by R to another company (Y). Y had bought R's business from the administrators as a going concern and was the lessee of food storage premises for six months so that it could continue trading. The administrators passed on rent payments by Y to S. S argued that the license breached the lease and sought to evict the occupier. Held: appeal allowed. The Court of Appeal refused permission for the proposed eviction. It ruled that Y could continue to trade at the premises, allowing creditors to recover debts, as long as S continued to receive its rent. The Court considered that the administration benefitted S by securing rent. The original judge ought to have carried out the balancing exercise required by authority between the interests of S and those of the other creditors and considered if the application was equitable. Atlantic Computer Systems Plc, Re applied.
590 ## - LOCAL NOTE (RLIN)
Local note KA
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element ATLANTIC COMPUTER SYSTEMS PLC, RE
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element INSOLVENCY ACT 1986
651 #4 - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME
Geographic name England and Wales
Chronological subdivision 1543-
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element MANAGEMENT-CORPORATE RECOVERY
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element PROPERTY-LEASEHOLD PROPERTY-LANDLORD AND TENANT-TENANCIES
856 40 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/ew/cases/EWCA/Civ/2008/1321.html">https://www.bailii.org/ew/cases/EWCA/Civ/2008/1321.html</a>
Public note View the report at www.bailii.org...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     Virtual Virtual Online 13/02/2009   ONLINE PUBLICATION 146677-2001 06/08/2019 1 06/08/2019 Law report