Source: All England Reporter
Publisher Citation: [2007] All ER (D) 509 (Nov)
Court: Chancery Division, Birmingham District Registry
Judge:

Lewison J
Representation Lance Ashworth (instructed by HBJ Gateley Wareing) for the supervisor.
  Jonathan Lopian (instructed by MC Law Solicitors) for the company.
Judgment Dates: 29 November 2007

Catchwords

Insolvency - Voluntary arrangement - Company - Company entering into company voluntary arrangement (CVA) - Consent of supervisor not sought prior to exchange of agreement for lease as required under terms of CVA - Supervisor imposing conditions on grant of retrospective consent - Whether retrospective consent could be given - Whether supervisor able to impose conditions upon grant of consent.

The Case

Insolvency Voluntary arrangement. Chancery Division: In the instant case, where the company had entered into a company voluntary arrangement (CVA), the CVA had plainly given the supervisor power to give retrospective consent, and the supervisor had not demonstrated any reasonable grounds for imposing conditions on the grant of that retrospective consent other than grounds that which were collateral to the purposes for which the power to impose conditions was conferred upon him, and were therefore legitimate conditions.

Practice Areas

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