Tenant insolvency – CVA – deed of surrender – construction

Cotswold Company Ltd [2009] EWHC 1151 (Ch); [2009] All ER (D) (7 April 2009)

In our May 2009 edition of Commercial Leases [2009] Vol 23 1454, we highlighted this potentially very important case. The case turned on the construction of a deed of surrender and the extent to which the landlord had preserved a right to claim in the CVA for the full amount of rent that would have been until the term date and the amount of a terminal dilapidations claim. We said that we would comment further when the full transcript was to hand. The basic facts are set out in our May edition and are not repeated here.