Enforcing security and property insolvency

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Practice notes
When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...
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9th Nov
Practice notes
Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...
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9th Nov
Practice notes
This Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to possession of the...
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9th Nov
Practice notes
The meaning of the term ‘successors in title’ will depend upon the context of the use of the term and also the drafting of the relevant lease.A...
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9th Nov
Practice notes
While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Time is generally not of the...
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9th Nov
Practice notes
This Practice Note sets out the procedure for discharging a charging order over property, including the removal of any notices or restrictions on...
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9th Nov
Practice notes
A surrender by operation of law occurs when the unequivocal conduct of both parties is inconsistent with the continuation of the tenancy. This is...
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9th Nov
Practice notes
There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...
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9th Nov
Precedents
Notice before forfeitureCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and...
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9th Nov
Practice notes
This Practice Note covers what happens to a lease on disclaimer and the effect of disclaimer on tenants, guarantors and former tenants, applications...
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9th Nov
Practice notes
The implied or deemed surrender and re-grant of a lease arises where an agreed variation of the terms of the original lease is so fundamental that the...
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9th Nov
Practice notes
This Practice Note summarises the light obstruction notice (LON) procedure, explains the 19 years and 1 day rule and its relevance in respect of...
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9th Nov
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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9th Nov
Practice notes
Statutory compensation—which grounds are compensatable?Under section 37 of the Landlord and Tenant Act 1954 (LTA 1954), the tenant is entitled to...
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9th Nov
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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9th Nov
Practice notes
Is there an interference with the right to light?Where a right of light has been established (see Practice Note: Establishing and maintaining rights...
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9th Nov

Most recent Enforcing security and property insolvency content

Practice notes
Security over land can be taken by way of mortgage or charge with the appropriate form often depending on the significance of the land to the...
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17th Jan
Practice notes
In addition to ensuring its security has been validity created and perfected, a secured party will want to ensure its security ranks as it expects...
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17th Jan
Practice notes
What is the background to the changes?The coronavirus (COVID-19) pandemic and the resulting lockdown and social distancing measures introduced by the...
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15th Jan
Practice notes
The Law of Property Act 1925 (LPA 1925) enables a mortgagee of a legal mortgage to appoint an LPA receiver. This right may alternatively (and more...
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Produced in partnership with John Hughes of Shakespeare Martineau LLP 15th Jan
Practice notes
This Practice Note contains a summary of individual voluntary arrangements (IVAs) and their impact on legal proceedings from a dispute resolution...
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15th Jan
Practice notes
This Practice Note considers the disclaimer by liquidators of contracts (often a sale agreement or transfer) containing overage provisions, in the...
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Produced in partnership with Carolyn Jones 15th Jan
Practice notes
This Practice Note covers the process of disclaimer and the steps to be taken to disclaim. For guidance on what disclaimer is and what can be...
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Produced in partnership with Robert Hantusch of Three Stone 15th Jan
Practice notes
Overreaching is a statutory mechanism available to a mortgagee (amongst others) to confer title on the buyer free from charges and encumbrances...
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Produced in partnership with Amanda Eilledge of Hardwicke Chambers 15th Jan
Practice notes
This Practice Note considers the interaction between the statutory moratorium under Schedule B1 to the Insolvency Act 1986 (IA 1986), which prevents...
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Produced in partnership with Carolyn Jones 15th Jan
Practice notes
This Practice Note provides guidance in obtaining official copies of the entries on the title of a property registered at HM Land Registry (commonly...
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15th Jan
Practice notes
When either a company or an individual is served with a statutory demand, the warning bells should be ringing, as failure to act on that demand within...
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15th Jan
Practice notes
It is a long-established principle that winding-up proceedings should not be commenced where the petition debt is genuinely disputed on substantial...
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Produced in partnership with Kate Rogers of St Philips Chambers 15th Jan
Practice notes
This Practice Note will give a basic overview of what amounts to an administration expense and some of the case law on this topic.Expenses of an...
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Produced in partnership with Jamil Mustafa of South Square Chambers 15th Jan
Practice notes
Disclaimer under the Insolvency Act 1986 (IA 1986) by either a liquidator or a trustee in bankruptcy (trustee) has the following effects:•it operates...
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Produced in partnership with Robert Hantusch of Three Stone 15th Jan
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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Produced in partnership with Simon Passfield of Guildhall Chambers 15th Jan
Practice notes
This Practice Note considers the striking off of a company from the register of companies and how to deal with this in the context of a receivership...
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Produced in partnership with Katrina Mather of Hardwicke Chambers 15th Jan
Practice notes
What is Companies House?Companies House is a registry of corporate information. It falls under the remit of the Department for Business, Energy &...
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Produced in partnership with Stephen Allinson 15th Jan
Practice notes
What is The Gazette?The Gazette provides a permanent official public record of important statutory and non-statutory notices that can be used to...
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Produced in partnership with Stephen Allinson 15th Jan
Practice notes
What is a CVA?A company voluntary arrangement (CVA) is an arrangement between a company and its creditors, supervised by an IP (who is known as the...
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15th Jan
Practice notes
Stop pressOn 8 October 2020, the Insolvency Service published the outcome of its review conducted into the impact of the voluntary industry measures...
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15th Jan

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