Assessing the status of rent in corporate insolvencies - why the Lundy Granite principle may not be written in stone

Ellis, J. ORCID: 0000-0002-9022-0546, 2016. Assessing the status of rent in corporate insolvencies - why the Lundy Granite principle may not be written in stone. Insolvency Law Journal, 24 (4), pp. 237-255. ISSN 1039-3293

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Abstract

A tension has existed for over 150 years regarding the extent to which landlords must prove for rent in an insolvency and the extent to which rent can be classified as an expense. In the absence of effective statutory guidance, the courts have in modern times been forced to reassert principles whose origins lie in 19th-century case law. Such a situation is unsatisfactory, both because those principles do not stem from consistent judicial analysis and because the onus is on the courts to strain doctrine to generate sensible outcomes. The appropriate solution is clarification through statutory intervention.

Item Type: Journal article
Publication Title: Insolvency Law Journal
Creators: Ellis, J.
Publisher: Lawbook
Date: 2016
Volume: 24
Number: 4
ISSN: 1039-3293
Rights: © 2016 Thomson Reuters (Professional) Australia Limited.
Divisions: Schools > Nottingham Law School
Depositing User: Jill Tomkinson
Date Added: 09 Feb 2017 16:49
Last Modified: 09 Jun 2017 14:12
URI: http://irep.ntu.ac.uk/id/eprint/30120

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