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The Supreme Court has refused Game’s application to appeal the Court of Appeal of England and Wales’ decision. A number of commercial landlords successfully argued in the Court of Appeal that tenants must make payments at the rate of the rent for the duration of any period during which they retain possession for the benefit of the winding up or administration. Such payments are payable as expenses of the winding up or administration.
The Supreme Court has declined to hear Game’s appeal and the Court of Appeal judgment therefore stands (see http://www.bailii.org/ew/cases/EWCA/Civ/2014/180.html).
To see our original analysis of the decision from the Court of Appeal and the implication for payment of rent as an administration expenses, click here.
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