Vol 17 (2020) - Issue 3

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Landlords Retain the Right to Choose Whether or not to Take Possession

Synopsis

Two recent decisions of the High Court of England and Wales have considered the limits on voluntary arrangements' abilities to affect proprietary rights. In Discovery (Northampton) Limited and others v Debenhams Retail and others [2019] EWHC 2441 (Ch) Norris J held that a creditors' voluntary arrangement cannot deprive a landlord of its right to forfeit and in In re Instant Cash Loans Limited [2019] EWHC 2795 (Ch) Zacaroli J held that a scheme of arrangement cannot force a landlord to accept surrender of a lease.