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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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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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