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GAME over

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On 31 October 2014 The Supreme Court refused Game's application to appeal the Court of Appeal decision in Re Game Station leaving the common sense approach to insolvency practitioners’ occupation of rented premises to prevail.

The Re Game Station decision was in short that administrators must pay rent for the use of leasehold property for the duration of any period in which he/she retains possession of the property for the benefit of the winding up or administration.  These payments are to be payable as an expense of the winding up or administration.  As The Supreme Court has now declined to hear Game's appeal of the decision, the Court of Appeal judgment therefore stands and the Goldacre position of having to pay rent as it fell due irrespective of the period of use of the premises no longer applies.

The text of the Supreme Court's Order reads:

"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."

 

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