Re New Oriental Bank Corporation (No. 2)

JurisdictionEngland & Wales
Date1895
Year1895
CourtChancery Division
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10 cases
  • Discovery (Northampton) Ltd v Debenhams Retail Ltd
    • United Kingdom
    • Chancery Division
    • September 19, 2019
    ...the claim were not in fact reconsidered by the Court of Appeal. The practice at first instance became (as Vaughan Williams J in New Oriental Bank Corporation [1895] 1 Ch 753 at 757 told a lessor who declined to accept a surrender of the remaining 14 year term) “….you must enter a claim for......
  • Henry Anthony Shinners and Nicholas Myers (Joint Administrators of London Bridge Entertainment Partners LLP) v London Trocadero (2015) LLP
    • United Kingdom
    • Chancery Court
    • November 12, 2019
    ...under the Lundy principle is the rent for the period of the administrator's ‘beneficial occupation’ ( Re New Oriental Bank Corpn (No 2) [1895] 1 Ch 753 at 757 per Vaughan Williams J), or ‘beneficial retention’ ( Jervis and others v Pillar Denton Ltd [2014] EWCA Civ 180 at [40] and [82] pe......
  • Re Park Air Services Ltd (pet. all.)
    • United Kingdom
    • House of Lords
    • February 4, 1999
    ...does not secure the payment of rent. The approach in the 19th century cases, for example In re New Oriental Bank Corporation (No.2) [1895] 1 Ch. 753, do not derive from any assertion that the lessor is a secured creditor. They arise from the practical problems resulting from the then inabi......
  • Jervis v Pillar Denton Ltd
    • United Kingdom
    • Court of Appeal (Civil Division)
    • February 24, 2014
    ...is the subject of a contingent cross-appeal. This would, I think, be the sensible result. As Vaughan Williams J put it in Re New Oriental Bank Corporation (No 2) [1895] 1 Ch 753, 757: "if a company which is in liquidation remains in beneficial occupation of a lease — that is to say, if it o......
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