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01 January 2009
Issue: 7350+7351 / Categories: Features , Landlord&tenant , Property , Commercial
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Closing the doors

Oliver Radley-Gardner & Mark Sefton consider the complexities involved in administrations

According to the statistics published by the Insolvency Service, administrations in the second quarter of 2008 (938) were up 60.3% on the same quarter in 2007 (585). Recent high-profi le instances of administrations to make the headlinesare, of course, the Woolworths and MFI administrations. Th e Insolvency Act 1986, Sch B1, para 3 sets out what the purposes of administration are:

“ (a) rescuing the company as a going concern, or

(b) achieving a better result for the company’s creditors as a whole than would be likely if the company were wound up (without first being in administration), or

(c) realising property in order to make a distribution to one or more secured or preferential creditors.”
While an administration is in process, para 43 of Sch B1 imposes a moratorium on legal processes, includingforfeiture by peaceable re-entry or service of proceedings. A landlord may only proceed with either the consent of the administrators or the permission of the courts.
The court has discretion to

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
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