Court of Appeal confirms the effect of the disclaimer of a lease upon the liabilities of a guarantor
15 April 2009
Mayer Brown Legal Update
The recent decision of the Court of Appeal in Gabriella Shaw v Hazel Doleman1 will offer some reassurance to landlords who are facing a period of increasing tenant insolvencies. In Doleman the Court of Appeal affirmed that the liability of a tenant guarantor under an authorised guarantee agreement (“AGA”) continues despite the disclaimer of the lease by the liquidator of the insolvent current tenant.