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11 February 2010 / James Naylor
Issue: 7404 / Categories: Features , Property
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Building delay

James Naylor warns against succumbing to advances to delay proceedings

Is a landlord (in administration) permitted to delay litigation by up to a year to facilitate an improvement in the value of its premises by £2m? In making the argument, can it rely on its own insolvency, to the detriment of its tenant? These ostensibly wacky contentions were examined by the High Court in Somerfield Stores Ltd v Spring (Sutton Coldfield) Ltd [2009] EWHC 2384 (Ch), [2009] All ER (D) 68 (Oct).

In Somerfield, T had a lease of commercial premises. T’s lease expired and it applied to court to renew its lease pursuant to the Landlord and Tenant Act 1954 (LTA 54). L opposed the claim, arguing it intended to redevelop the premises, in accordance with s 30(1)(f), LTA54. L then entered administration. Paragraph 43.6 of Sch B1 to the Insolvency Act 1986, states: “No legal process…may be instituted or continued against the company or property of the company except – (a) with the consent of the administrator, or (b) with the permission of the

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NEWS
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
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