Earlier this year, BLP acted for a consortium of major retail landlords in the landmark case of Game Retail v Pillar Denton & Others in which the landlords were successful in obtaining a ruling that administrators who make use of leased property during the period of the administration, must pay rent as an expense of the administration at a daily rate, rather than by reference to the lease rent payment dates.
This ruling closed a loophole in the law which had emerged following the High Court cases of Goldacre and Luminar which allowed administrators to use leased property effectively rent free for up to 3 months, by timing their appointment appropriately.
Game Retail Limited, which purchased the business of the Game Group from the administrators sought permission from the Supreme Court to appeal the decision.
The Supreme Court has, today, confirmed that the application for permission to appeal has been refused.
The Court stated that:
"The Court ordered that permission to appeal be refused because the application does not raise an arguable point of law of general public importance which ought to be considered by the Supreme Court at this time bearing in mind that the case has already been the subject of judicial decision and reviewed on appeal."
The Court of Appeal decision has been welcomed by both the Landlord and Insolvency professions and the decision of the Supreme Court now brings final certainty to this once contentious area of the law.