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10 September 2020 / Cecily Crampin , Tricia Hemans
Issue: 7901 / Categories: Features , Property
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A new Lease of life

Cecily Crampin & Tricia Hemans investigate reviving disclaimed property
  • One of the effects of the COVID-19 distancing measures and their impact on the economy is an increase in cases of insolvency.
  • Attempts to disclaim onerous property will no doubt become increasingly common.
  • The law on disclaimer, and, in light of Leon v Attorney General, who has standing to apply for a vesting order to bring disclaimed property back to economic life.


Sadly, one of the likely effects of the COVID-19 precautions, and their impact on the economy, is an increase in insolvency, despite the government’s intended relief under the Corporate Insolvency and Governance Act 2020. A particular issue will be businesses unable to pay rent due under commercial leases. In the eyes of insolvency practitioners, leases will be onerous property ripe for disclaimer. Similarly, companies on the brink of dissolution may choose to leave property to go bona vacantia, with the risk of eventual Crown disclaimer. This article reviews the law on disclaimer, and, with reference to Leon v Attorney General [2019] EWCA Civ 2047

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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