Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 28 SEPTEMBER 2026

Restraint And Validation: A High Bar

Mills & Reeve LLP
Mills & Reeve LLP
Contributor

Mills & Reeve LLP

Mills & Reeve’s staff thrive on developing great relationships and love helping clients find...

View firm profile
Explore more from Mills & Reeve LLP

Elevate Estates Management Ltd sought to restrain a winding-up petition based on rent arrears exceeding £836,000, arguing that substantial payments had not been credited and advancing a repair-related cross-claim exceeding £330,000. The court rejected both arguments, finding the alleged uncredited payments were unparticularised and the cross-claim lacked contemporaneous documentary evidence, ultimately dismissing the applications and awarding indemnity costs against Elevate.

United KingdomInsolvency/Bankruptcy/Re-Structuring
Catherine Noble
Catherine Noble

Elevate sought to restrain advertisement of a petition founded on rent arrears exceeding £836,000, later rising to more than £1.1 million, and sought a validation order under s.127 Insolvency Act 1986. It contended that substantial payments had not been credited and advanced a repair-related cross-claim exceeding £330,000.

The court rejected both arguments. The alleged "uncredited payments" were unparticularised, with no accounting records or other evidence identifying omitted payments. Equally, the purported cross-claim rested on internal documents unsupported by contemporaneous invoices, contractual entitlement or evidence that the works had been carried out. The only documented repair issues were worth approximately £18,000.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Woodville Collapse And Regulatory Reform – Litigation Funding In The Spotlight

The collapse of Woodville Consultants Ltd has exposed significant vulnerabilities in the rapidly expanding litigation funding market, which operates largely outside mainstream financial regulation. With nearly £300 million owed to retail investors and questionable lending practices to law firms, the case raises critical questions about investor protection, regulatory oversight, and the future balance of power in funded litigation.
United KingdomInsolvency/Bankruptcy/Re-Structuring
RPC
RPC
Article

Hunkemöller: English Court Stays Liability Management Exercise Litigation Pending Judgment In Parallel New York Proceedings

The English High Court has stayed proceedings challenging Hunkemöller's liability management exercise pending judgment in related New York litigation. This decision examines the limitations of multi-jurisdictional litigation strategies in cross-border restructurings and the enforceability of exclusive jurisdiction clauses for beneficial noteholders. The ruling provides critical guidance on the sequencing of claims across different jurisdictions when challenging complex liability management exercises.
United KingdomInsolvency/Bankruptcy/Re-Structuring
A&O Shearman
A&O Shearman
Article

High Court Rules That Administrators May Be Able To Pay Administration Expenses And Litigation Funding Ahead Of “super Priority” Moratorium Debts

The High Court has determined that administrators can enter into litigation funding arrangements allowing funders to be repaid from litigation proceeds ahead of moratorium debts with "super priority" status, provided this aligns with the administration's purpose and the administrators' duties. This ruling addresses a critical question about the interplay between protected moratorium creditors and the practical realities of funding litigation in insolvency proceedings.
United KingdomInsolvency/Bankruptcy/Re-Structuring
Herbert Smith Freehills Kramer LLP
Herbert Smith Freehills Kramer LLP
Article

A Guide To Misfeasance Claims Against Directors

Directors of insolvent companies may face misfeasance claims when liquidators or administrators investigate potential misuse of company funds, breaches of fiduciary duties, or prioritizing personal interests over creditors. Understanding the legal framework under section 212 of the Insolvency Act 1986, common allegations, and available defenses is crucial for directors navigating these serious investigations that can result in personal liability and disqualification.
United KingdomInsolvency/Bankruptcy/Re-Structuring
Weightmans LLP
Weightmans LLP
Article

Mental Health Moratorium Fails To Block Receiver Sale

The High Court has clarified the interaction between mental health crisis moratoriums under the Debt Respite Scheme and secured lending enforcement. When property security covers a company's debt rather than an individual's personal liability, receivers can proceed with sales despite the moratorium. This decision provides crucial guidance for insolvency practitioners and lenders navigating the complex intersection of mental health protections and security enforcement.
United KingdomInsolvency/Bankruptcy/Re-Structuring
Mills & Reeve LLP
Mills & Reeve LLP
Article

AI, Deepfakes And Image Rights: Does English Law Protect Your Face, Voice And Likeness?

Generative AI has created a legal vacuum where synthetic images and deepfakes can be created and shared without consent, yet English law offers no standalone "image right" to protect individuals. With celebrities like Lisa Riley and over 80 performers demanding reform, the question is whether the UK's patchwork of intellectual property, data protection, and common law protections can adequately address this rapidly evolving threat to personal autonomy and reputation.
United KingdomIntellectual Property
Mills & Reeve LLP
Mills & Reeve LLP
Article

New Subscription Rules: Are You Ready For January 2027?

The UK government has accelerated the implementation of new subscription contract regulations, moving the deadline from spring 2027 to January 2027. Businesses selling consumer subscriptions must now rapidly prepare for compliance with the Digital Markets, Competition and Consumers Act 2024, which introduces stringent requirements around pre-contract information, renewal reminders, cancellation methods, and cooling-off periods to prevent subscription traps.
United KingdomConsumer Protection
Mills & Reeve LLP
Mills & Reeve LLP
Article

Marketing Using AI: New Tech, Same Old Stereotypes?

Recent ASA decisions highlight how AI-generated advertising content can perpetuate harmful gender stereotypes and offensive imagery, particularly through deepfake technology. As generative AI becomes increasingly prevalent in marketing campaigns, regulators are emphasizing that marketers remain fully responsible for ensuring their AI-generated content complies with advertising standards, regardless of the technology used to create it.
United KingdomTechnology
Mills & Reeve LLP
Mills & Reeve LLP
Article

Grindr Settles Data Protection Case Relating To Sharing Of Users’ Personal Information

LGBTQ dating app Grindr has agreed to pay £26m to settle a group-action lawsuit alleging unlawful sharing of users' personal information, including HIV status, with third parties. This case highlights how data protection compliance extends beyond regulatory scrutiny to encompass substantial financial exposure from large-scale individual claims. The settlement raises important questions about third-party data sharing arrangements, consent mechanisms, and the handling of special category data under UK GD
United KingdomPrivacy
Mills & Reeve LLP
Mills & Reeve LLP
Article

Mental Health Moratorium Fails To Block Receiver Sale

The High Court has clarified the interaction between mental health crisis moratoriums under the Debt Respite Scheme and secured lending enforcement. When property security covers a company's debt rather than an individual's personal liability, receivers can proceed with sales despite the moratorium. This decision provides crucial guidance for insolvency practitioners and lenders navigating the complex intersection of mental health protections and security enforcement.
United KingdomInsolvency/Bankruptcy/Re-Structuring
Mills & Reeve LLP
Mills & Reeve LLP
Article

Surrogacy Law Reform: Are We Still Waiting For Change?

Three years after the Law Commission proposed sweeping changes to surrogacy law in England and Wales, reform remains stalled despite a petition signed by over 113,000 people calling for intended parents to be recognised as legal parents from birth. While MPs acknowledge the current system creates difficulties for families, the government has made clear that surrogacy reform is not a legislative priority, leaving families to navigate a legal framework built on decades-old legislation.
United KingdomFamily and Matrimonial
Mills & Reeve LLP
Mills & Reeve LLP
Article

Calculating The Unknowable: The High Court’s Approach To Children’s Lost Years Claims After CCC

The High Court's decision in JBX v Frimley Health NHS Foundation Trust provides crucial guidance on calculating damages for children's "lost years" following clinical negligence. How should courts assess future earnings and living expenses when a child's life expectancy has been shortened, and what evidence is needed to depart from national average earnings data?
United KingdomLitigation, Mediation & Arbitration
Mills & Reeve LLP
Mills & Reeve LLP