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Subrogation and the case of the dissolved co-debtor
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The effect of the dissolution of a company, followed by disclaimer by the Crown of leasehold property which passed as bona vacantia, can give rise to difficult issues where the property has been used as security for payment of sums for which another person is also liable, whether jointly and severally or as a surety. This article explores the consideration of the relevant principles in Leon v Kensington Mortgage Company [2023] EWHC 121 (Ch) and offers some reflections on the decision and its implications.
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