PDT Solicitors

It’s not often we reflect on cases we lost. However, a recent case on personal guarantees has reminded us of the risks that financiers face when a Court is asked to decide between the evidence of the financier who believes he has a valid and enforceable guarantee, and the evidence of the guarantor who believes he either never signed a guarantee or if he did it is in any event unenforceable.

Part one: recent decisions of the high court bring some peace of mind to commercial landlords who are considering commencing legal proceedings against tenants for non-payment of rent throughout the covid-19 pandemic. Throughout the current pandemic, the government has placed significant restrictions on landlords’ ability to recover outstanding rent from their tenants. In particular, a code of practice was introduced on 19 June 2020 for landlords and tenants of commercial property.

Debt Respite Scheme Regulations 2020 – More Protection for Individual Debtors The Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 (the “Regulations”) come into force on the 4 May 2021 and provide individual debtors, who obtain debt advice, legal protection from their creditors.