Mr Justice Fancourt, the Vice-Chancellor of the County Palatine of Lancaster, has handed down judgment in Alma Property Management Ltd v Crompton [2022] EWHC 2671 (Ch). The proceedings concerned a claim for specific performance of the defendant lessees’ repairing covenants under a lease of the common parts of a mixed use tower block in Salford. Unusually, the defendants were receivers of the building. The receivership terminated in 2016, but the lease remained vested in the defendants.
The case raised arguments which the Vice-Chancellor described as “subtle and difficult” as well as “novel and interesting.” Not least, the judgment contains an extended commentary on the scope of receivers’ powers as well as the receivers’ right to an indemnity following the termination of the receivership. Given the current recessionary environment, it is thought that the case will be of interest to insolvency and property practitioners alike.
Nicholas Trompeter KC acted for the claimant, instructed by Martin McKeague and Asia Munir of Walker Morris LLP. The Vice-Chancellor gave permission to the claimant to appeal to the Court of Appeal.