header-logo header-logo

31 May 2012
Issue: 7516 / Categories: Case law , Law digest , In Court
printer mail-detail

Company

MK Airlines Property Ltd (in administration) v Katz and another [2012] All ER (D) 142 (May)

The principle in Re Lundy Granite Co, ex p Heavan (1871) 6 Ch App 462 could apply to a provisional liquidation. The landlord would not, in all cases, be entitled to priority: it would always depend upon whether or not the administrator, provisional liquidator or liquidator had either retained the property for the purpose of advantageous disposal of it, or had continued to use it. Doing nothing would not suffice.

The principle applied, not only when the liquidator retained the property for the benefit of the liquidation, but also when he continued to use it. It would be anomalous if the position differed as between administration and liquidation on the one hand and provisional liquidation on the other. Provisional liquidators were not mere caretakers, incapable of taking decisions for the benefit of the company.
 

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
back-to-top-scroll