header-logo header-logo

10 May 2007
Issue: 7272 / Categories: Legal News , Property
printer mail-detail

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

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

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
back-to-top-scroll