Enforcing security and property insolvency

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Q&As
In principle, equity follows the law and rights which a party can have at law are, broadly, capable also of existing in equity. Accordingly, a right...
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Produced in partnership with Desmond Kilcoyne 19th May
Q&As
When purchasing property (either freehold or leasehold, residential or commercial), usually a deposit is payable on exchange of contracts, which will...
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Produced in partnership with Kate Andrews of Hamlins 19th May
Practice notes
A surrender by operation of law (or ‘implied surrender’) occurs when the unequivocal conduct of both parties is inconsistent with the continuation of...
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19th May
Practice notes
This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be...
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19th May
Practice notes
This Practice Note explains how to ascertain the location of property boundaries: the general boundaries rule that applies to HM Land Registry title...
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19th May
Q&As
This Q&A addresses the question of when a landlord, having served notice on a former tenant or a guarantor for payment of arrears pursuant to the...
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Produced in partnership with Alex Campbell of Arden Chambers 19th May
Practice notes
This Practice Note sets out what interim rent is, when an interim rent application can be made under the Landlord and Tenant Act 1954 (LTA 1954) and...
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19th May
Practice notes
This Practice Note considers the remedy of rectification for unilateral mistake. For rectification for common mistake, see Practice Note:...
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19th May
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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19th May
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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19th May
Q&As
Pursuant to section 12 of the Torts (Interference with Goods) Act 1977 (T(IG)A 1977), involuntary bailees of goods are afforded the ability to sell...
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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 19th May
Practice notes
This Practice Note discusses issue that arise in proprietary estoppel in a property context. For a general discussion of proprietary estoppel, see...
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19th May
Q&As
Assuming that the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) claim is to proceed as a CPR 7 claim (a CPR 8 claim—for which...
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Produced in partnership with Desmond Kilcoyne of 42 Bedford Row 19th May

Most recent Enforcing security and property insolvency content

Practice notes
Corporate Insolvency and Governance Act 2020—restructuring plan provisionsSpurred on by the coronavirus (COVID-19) pandemic, the government pushed...
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17th Sep
Practice notes
Corporate Insolvency and Governance Act 2020—moratoriumThe Corporate Insolvency and Governance Act (CIGA 2020) inserted Part A1 into the Insolvency...
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16th Sep
Q&As
An LPA receiver is offering a property for sale in an auction. The LPA receiver has received an offer 30% above the guide price. Is the LPA receiver...
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13th Sep
Practice notes
Enforcement—security over landSecurity over land can be taken by way of mortgage or charge with the appropriate form often depending on the...
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9th Sep
Practice notes
Property law aspects of Company Voluntary Arrangements (CVAs)What is a CVA?A company voluntary arrangement (CVA) is an insolvency process that allows...
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Produced in partnership with Matthew Ditchburn and Tim Reid of Hogan Lovells International LLP 8th Sep
Practice notes
Insolvency for property disputes lawyersCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the...
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6th Sep
Practice notes
Insolvency searches for companies at the Central RegistryWhat is the Central Registry of Winding-up Petitions?The Central Registry of Winding-up...
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3rd Sep
Practice notes
Debt relief orders (DROs)What is a DRO?DROs are 'a new and simplified way of wiping the slate clean for debtors who are too poor to go bankrupt.'A DRO...
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Produced in partnership with Simon Passfield of Guildhall Chambers 27th Aug
Q&As
Can an application be made to court if a chargee refuses to release a charge even if the secured liabilities are paid off in full?A mortgagor has an...
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26th Aug
Practice notes
Company statutory demand—the position under The Insolvency (England and Wales) Rules 2016STOP PRESS: The Corporate Insolvency and Governance Act 2020...
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Produced in partnership with Eleanor Holland of 4 Stone Buildings and Karl Anderson of 4 Stone Buildings 24th Aug
Practice notes
What is a statutory demand?This Practice Note looks at what a statutory demand is and what it seeks to achieve in both corporate and personal...
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24th Aug
Practice notes
Creditors' bankruptcy petitions—grounds and documents required for presentationBankruptcy in England and Wales is a process by which the court or the...
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24th Aug
Practice notes
CVAs—landlord issues and remediesWhat is a CVA?A company voluntary arrangement (CVA) is an arrangement between a company and its creditors, supervised...
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24th Aug
Practice notes
Disputed bankruptcy petitionsCoronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and related changes...
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24th Aug
Practice notes
Voluntary liquidationCoronavirus (COVID-19): the coronavirus pandemic has caused the UK to expedite new insolvency provisions, both of a temporary and...
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18th Aug
Practice notes
Bankruptcy and co-ownershipWhen a bankruptcy order is made, a bankrupt’s property normally automatically vests in the Official Receiver/trustee in...
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18th Aug
Practice notes
Statutory demands for property disputes lawyersCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure...
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18th Aug
Practice notes
BankruptcyCoronavirus (COVID-19): the coronavirus pandemic has caused the UK to expedite new insolvency provisions, both of a temporary and permanent...
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18th Aug
Practice notes
Compulsory liquidationCoronavirus (COVID-19): the coronavirus pandemic has caused the UK to expedite new insolvency provisions, both of a temporary...
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18th Aug
Practice notes
Liability of subtenant when a lease is disclaimedA tenant’s liabilities under the lease come to an end upon disclaimer by a liquidator or a trustee in...
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18th Aug

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