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10 May 2007
Issue: 7272 / Categories: Legal News , Property
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Powerhouse CVA branded unfair

A company voluntary arrangement (CVA) which aimed to remove creditors’ rights under guarantee against a parent company has been deemed invalid by the High Court.

In Prudential Assurance Co Ltd & others v PRG Powerhouse Ltd Mr Justice Etherton held that the CVA Powerhouse had used to escape its UK leases at a fraction of the cost was unfairly prejudicial to the landlords.
He said: “The votes of those unsecured creditors who stood to lose nothing from the CVA, and everything to gain from it, inevitably swamped those of the guaranteed landlords who were significantly disadvantaged.”

Powerhouse proposed a CVA to its creditors, an aspect of which relieved its guarantors of any liability for the rent that remained unpaid and the future rent in respect of its loss-making properties until they were re-let. A sufficient percentage of the company’s other creditors were happy with the provisions of the CVA to outvote the landlords and pass it. This left Powerhouse’s landlords bound by the clause relieving the guarantors of responsibility under their guarantees and powerless to object

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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’ 
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