Corporate insolvency

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Practice notes
Severance is the process by which a joint tenancy is converted into a tenancy in common. It is a matter of evidence whether severance has...
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19th May
Precedents
Date [insert date of deed]Parties1[Insert name] of [insert address] (Landlord)2[Insert name] of [insert address] (Tenant)3[Insert name] of [insert...
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19th May
Precedents
This Deed is made on [insert date]PARTIES1[insert name of the owner of the Servient Land] [ of [insert address] OR incorporated in England and Wales...
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19th May
Practice notes
There are three different ways by which an easement can be implied at common law:•necessity•intended use•the rule in Wheeldon v BurrowsThe implied...
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19th May
Precedents
[To be printed on Landlord’s letterheaded paper]Our Ref:Date:To: [insert name of Tenant]From: [insert name of previous Landlord] [of [insert address]...
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19th May
Practice notes
What is a letter of non-crystallisation?A letter of non-crystallisation is required by a buyer’s/lender’s solicitor to confirm that:•a floating charge...
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19th May
Practice notes
A benevolent fund is an institution, including a body of trustees, which holds funds on trust for the purpose of relieving poverty amongst a defined...
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19th May
Practice notes
Apportioning service charge—the standard conditionsIn sales of investment properties where there are often many occupational tenancies with rental,...
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19th May
Practice notes
In Scotland, at common law, a lease does not actually end on the specified expiry date (ish) unless:•either party gives correct and timeous...
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Produced in partnership with Kenneth S Gerber of Mitchells Roberton 19th May
Practice notes
No suspension impliedA suspension of rent is not implied even where the tenant pays the cost of insurance. The tenant remains liable for the rent even...
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19th May
Practice notes
Defects in design, faulty installation or the use of inappropriate or inadequate materials when building a property can lead to significant problems...
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19th May
Practice notes
A ‘mortgage cure’ clause (or ‘mortgagee protection’ clause) provides some protection to lenders in relation to the landlord’s rights to forfeit a...
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19th May
Practice notes
While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Whenever a property is sold,...
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19th May
Practice notes
Coronavirus (COVID-19): Due to the effects and impact of coronavirus (COVID-19), consideration should be given to all longstop dates when drafting and...
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Produced in partnership with Emma Gray of Blackadders and Melanie Ballantyne of Blackadders 19th May
Practice notes
In the absence of an express provision in the lease (which is rare), a landlord has an absolute right to refuse consent to alterations outside the...
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19th May
Practice notes
An exclusivity agreement (lockout agreements) may be used where the buyer wants to prevent the seller from negotiating for the sale of the property...
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19th May

Most recent Corporate insolvency content

Practice notes
Escheat, bona vacantia and disclaimer by the CrownEscheatParamount lordship of the CrownThe principle which underlies the doctrine of escheat is a...
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22nd Jul
Practice notes
Retail sector insolvency—use of CVAsIntroduction to company voluntary arrangements (CVAs)A CVA is a tool available to a company in financial...
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Produced in partnership with Cathryn E. Williams of Crowell & Moring 22nd Jul
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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22nd Jul
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 of Hogan Lovells International LLP 22nd Jul
Practice notes
Reform of UK insolvency lawsBackgroundThe coronavirus (COVID-19) crisis has had a significant impact on businesses around the world, putting many at...
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21st Jul
Practice notes
Guide to insolvency in the retail sectorThis Practice Note provides a brief summary of the retail landscape and highlights some of the key legal and...
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Produced in partnership with Carolyn Jones 15th Jul
Practice notes
Dissolution and bona vacantia—dealing with the Treasury SolicitorBona vacantia means ‘goods without an owner’ and is a relevant consideration where...
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Produced in partnership with Katrina Mather of Hardwicke Chambers 15th Jul
Practice notes
Overreaching by a mortgageeOverreaching is a statutory mechanism available to a mortgagee (amongst others) to confer title on the buyer free from...
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Produced in partnership with Amanda Eilledge of Hardwicke Chambers 15th Jul
Practice notes
Lifting the administration moratorium—for forfeitureThis Practice Note considers the interaction between the statutory moratorium under Schedule B1 to...
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Produced in partnership with Carolyn Jones 15th Jul
Practice notes
Best price reasonably obtainable—what it means for receiversThe receiver’s dutyThe duty owed by a receiver to a mortgagor when selling a property is...
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Produced in partnership with Steve Innes of 4 New Square 15th Jul
Practice notes
Winding-up a general partnership as an unregistered companyThis Practice Note looks at the winding-up of an insolvent partnership as an unregistered...
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Produced in partnership with Natasha Dzameh of St John's Chambers 15th Jul
Practice notes
Pre-pack administration—connected person salesA pre-pack administration sale is a sale of a company’s business or assets, or both, which has been...
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12th Jul
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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12th Jul
Practice notes
Pre-packs—landlords’ issues and remediesCoronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and...
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9th Jul
Practice notes
Corporate Insolvency and Governance Act 2020—temporary changes to corporate statutory demands and winding-up petitionsWhat is the background to the...
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8th Jul
Q&As
What is the effect of the dissolution of a company which held an intermediate leasehold interest which was subject to a sub-tenancy?When a company is...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 23rd Jun

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