Jordan Publishing Property Insolvency

Commentary

SOURCE CURRENCY
2nd Edition, March 2015

The world of property insolvency has evolved through the biggest financial catastrophe since the War, with the bank meltdown flowing from property backed lending. Since the first edition of Property Insolvency there have been significant changes in property enforcement (including the introduction of CRAR), restructuring of many national insolvent retail chains and the unprecedented rise of fixed charge receiverships.

The new edition includes coverage of:

  • Evolution of the administration expenses regime following the cases of Goldacre (Offices) Ltd v Nortel Networks UK Ltd (In Administration) (2009) and Leisure (Norwich)II Ltd and others v Luminar Lava Ignite Ltd (In Administration) and others (2012)

  • The rapid growth of mortgage default, fixed charge receivership together with the enforcement of collateral security (including personal guarantees)

  • The use of Company Voluntary Arrangements particularly in relation to multi-site retailers for example, the Miss Sixty case ((1) Mourant & Co Trustees Ltd (2) Mourant Property Trustees Ltd v (1) Sixty UK Ltd (In Administration) (2) Peter Hollis (3) Nicholas O’Reilly (as joint administrators of Sixty UK Ltd) (2010))

  • The fundamental changes to the principles relating to co-ownership of real property – the Supreme Court’s decision in the Patricia Anne Jones v Leonard Trevor Kernott [2011] UKSC 53 developing the ruling in Stack v Dowden [2007] UKHL 17


  • Recommended reading for corporate restructuring lawyers, insolvency practitioners, commercial property lawyers and property professionals.