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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

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The government has pledged to ‘move fast’ to protect children from harm caused by artificial intelligence (AI) chatbots, and could impose limits on social media as early as the summer
All eyes will be on the Court of Appeal (or its YouTube livestream) next week as it sits to consider the controversial Mazur judgment
An NHS Foundation Trust breached a consultant’s contract by delegating an investigation into his knowledge of nurse Lucy Letby’s case
Draft guidance for schools on how to support gender-questioning pupils provides ‘more clarity’, but headteachers may still need legal advice, an education lawyer has said
Litigation funder Innsworth Capital, which funded behemoth opt-out action Merricks v Mastercard, can bring a judicial review, the High Court ruled last week
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