Supermarket sweeps aside delaying tactics

摘要

The High Court has considered whether a landlord can rely on its own insolvency to delay lease renewal proceedings to suit its own purposes (Somerfield Stores v Spring (Sutton Coldfield), 12.06.09).Somerfield is the tenant of a store in Sutton Coldfield whose landlord went into administration in February 2009. Somerfield had already issued proceedings torenew its lease, but the Insolvency Act 1986 states that no legal process can be commenced or continued against a company in administration without the consent of the administrator orthe court.