September 26, 2019

On the Case: The Debenhams CVA challenge explained

EG's deputy legal editor, Jess Harrold, joins Julie Gattegno, partner at CMS, to discuss the High Court challenge to the Debenhams CVA in Discovery (Northampton) Ltd and others v Debenhams Retail Ltd and others [2019] EWHC 2441 (Ch); [2019] PLSCS 186.

Gattegno offers detailed analysis of each of the five grounds pursued by the landlords in the case, and how the judge dealt with each.

She explains how much clarity the decision has brought to the law in the current high street climate, addresses what ground remains for other landlords to challenge retail CVAs - and considers whether more needs to be done to strike a fair balance between the competing interests of struggling retailers and their landlords.

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