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All change for CVAs

16 September 2010 / Siobhan Jones
Issue: 7433 / Categories: Features , Landlord&tenant , Property
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Siobhan Jones explores the effects of unfair prejudice & “guarantee stripping” in company voluntary arrangements

Company voluntary arrangements (CVAs) have hit the headlines in recent months due to the financial difficulties encountered by relatively high profile retailers. The CVAs proposed by struggling retailers have met with varying degrees of success and a recent case has further limited the scope for companies to use a CVA to enable their guarantors (often a parent company) to avoid liability under the guarantees provided to creditors.

Unfair prejudice

The use of CVAs as a vehicle for “guarantee stripping” has been the subject of much debate in recent years. Guarantee stripping is an example of unfair prejudice which has been of particular concern to creditor landlords whose tenants seek to enter into CVAs which purport to strip away the liabilities of guarantors. A previous high profile case on this point was that of Prudential Assurance Company Ltd & Others v PRG Powerhouse Ltd & Others [2007] EWHC 1002 (Ch), [2007] All ER (D) 21 (May) (Powerhouse).

PRG

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MOVERS & SHAKERS

Kingsley Napley—Claire Green

Kingsley Napley—Claire Green

Firm announces appointment of chief legal officer

Weightmans—Emma Eccles & Mark Woodall

Weightmans—Emma Eccles & Mark Woodall

Firm bolsters Manchester insurance practice with double partner appointment

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Transferring anti-money laundering (AML) and counter-terrorism financing supervision to the Financial Conduct Authority (FCA) could create extra paperwork and increase costs for clients, lawyers have warned 
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