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Insolvency Law

Expert guidance on all aspects of corporate and personal insolvency

26 AUG 2013

Re Baroque Investments Ltd [2012] EWHC 2886 (Ch); [2013] BPIR 405

(Chancery Division, The Chancellor of the High Court, 22 October 2012)

A tenant went into administration, and then creditors' voluntary arrangement. The liquidator surrendered the leases. In determining preliminary issues as regards the amount of the landlord's proof of debt, the Chancellor held that the surrender released the tenant's obligation to re-instate the demised premises at the expiry of the term. Further, the landlord's claim for disrepair was inconsistent with s 18 of the Landlord and Tenant Act 1927, which restricted the landlord's claim. Accordingly, the liquidators had been correct to reject the landlord's proof as submitted.

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