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Commercial Tenancies & Insolvency - GROUP STUDY SEMINAR

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Commercial Tenancies & Insolvency - GROUP STUDY SEMINAR

DURATION 1 HOUR - Presented By: Majella Twomey B.L. (Acc Med) What are the remedies available to landlords in circumstances where their tenant goes insolvent? A number of different situations might arise, including Liquidation, Examinership or Receivership. What are the landlord’s rights in each of these situations? What are the consequences for the company? Topics Covered Include; Liquidation: Section 290(1) of The Companies Act 1963, Disclaiming onerous property, The dicta set out in Tempany v Royal Liver Trustees LTD., Effect of disclaimer on third parties, Rights of a sub-tenant, Right to prove in the winding up. Receivership: Who is liable?, Re-entry, ejectment and forfeiture. Examinership: Section 25(b)1 a of The Companies Act 1990, Application by Company to repudiate the lease, Re O Brien’s Sandwich Bar Ltd., Section 20(1) of The Companies Act 1990, Va



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