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31 May 2012
Issue: 7516 / Categories: Case law , Law digest , In Court
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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.
 

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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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