Articles & Commentary
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06
Dec
2011
2011
The Hypothetical Remedy Landlord's Hypothec after the BAD Act
This paper was originally presented to the Tayside and Fife Insolvency Group in late November as a basis for a discussion as to how Insolvency Practitioners should deal with landlord's claims of hypothec. The legislation has left a gap where a right is given without a remedy. The paper considers how this might work in practice.