Park Air Services Plc; Christopher Moran Holdings Limited v Bairstow and Ruddock: CA 1 May 1997

If a lease is determined or treated as determined in a winding up or in a bankruptcy, the landlord is entitled to prove in principle for all the rent and other payments which he would have been entitled to recover from the tenant for the residue of the term, had the lease not been determined.
Lord Justice Nourse Lord Justice Potter And Lord Justice Mummery
[1997] EWCA Civ 1590
Insolvency Act 1986
England and Wales
Appeal fromChristopher Moran Holdings Limited v Bairstow and Ruddock ChD 1996
(Orse: Park Air Services) The tenant company went into a members’ solvent liquidation, and disclaimed the lease. At the time, the rental value had fallen very much below the contractual rent. The landlord sought to prove the balance of the rent with . .
CitedIn re New Oriental Bank Corporation (No.2) 1895
Where a tenancy continues after the insolvency of the tenant, the landlord is entitled (i) to prove for all the arrears of rent; (ii) to enter a claim for all future rent; and (iii) as rent accrues due, to submit proofs in the liquidation from time . .
CitedRe A E Realisations Ltd 1988
Vinelott J said: ‘decisions on the Act of 1883 and on the Act of 1914 are . . of direct authority on the construction’ of the equivalent provisions for disclaimer by the liquidators of companies. . .
CitedHindcastle Ltd v Barbara Attenborough Associates Ltd and Others HL 22-Feb-1996
The guarantor of an original tenant under the lease remains liable after the disclaimer the lease on insolvency. The disclaimer operates to determine the lease altogether with the result that the landlord’s reversion is accelerated. ‘In order to . .
CitedIn re London and Colonial Co.; Horsey’s claim 1868
. .
CitedGooch v London Banking Association ChD 1886
On the application of a landlord, the court had jurisdiction to restrain the liquidators of a solvent company in voluntary liquidation from distributing assets of the company amongst its shareholders, without setting aside sufficient assets to . .
CitedRe Panther Lead Company 1896
There was no surrender of a lease to the landlord and the tenant’s liquidator did not have the power to disclaim the lease. In the voluntary winding up of an insolvent company the landlord sought to prove for the liabilities of the company under the . .
CitedEx parte Llynvi Coal and Iron Co; In re Hide 1871
The trustee in bankruptcy disclaimed an agreement for a lease under Section 23. The landlord claimed to prove as creditor under the section.
Held: Where one party has repudiated a contract and the other party has accepted that repudiation as . .

Cited by:
Appeal fromIn Re Park Air Services Plc; Christopher Moran Holdings Ltd v Bairstow and Another HL 4-Feb-1999
The tenant company went into liquidation, the receiver disclaimed the lease, and the landlord claimed compensation under the Act. The question concerned how the compensation was to be calculated.
Held: Where a solvent tenant under an onerous . .

Lists of cited by and citing cases may be incomplete.
Updated: 08 October 2021; Ref: scu.141986