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BBM Solicitors News & Updates

The latest insolvency, commercial property, employment law, corporate law and legal news from BBM Solicitors

IP Briefing: The Reporter’s Remit

The Background

Lord Bannatyne has issued his opinion in the Note of The Provisional/Interim Liquidator of Equal Exchange Trading Limited [2018] CSOH 35 which stands in stark contrast to the Sheriff Court Judgement of Sheriff Jamieson in the case of S & M Livestock Limited of November last year.

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Consultation on Insolvency and Corporate Governance

Regular readers of our blog will know that the government has been grappling with how to deal with the fallout of various high profile corporate failures. There seems to be a cross party feeling that currently insolvency arrangements may not be going far enough to protect against abuse by directors acting in breach of their duty.

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IP Briefing: Leases, Loss and Liquidators

The Background

Lord Bannatyne issued his judgement in the case of The Joint Liquidators of CS Properties (Sales) Limited v Soni and Soni on 20 March 2018.  The case concerned an application for an order under section 212 of the Insolvency Act 1986.  We were instructed on behalf of the Liquidators.  

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Right to Recover: LLP

Introduction

Lord Clark issued his decision in the Court of Session case of The Liquidator of Premier Housewares (Scotland) LLP v Rashid on 14th March 2018.  The case was the first reported example we are aware of, of a Liquidator seeking to make a recovery under Section 214A of the Insolvency Act 1986.

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Lobbying - One Month To Go

One month to go until the Lobbying Register goes live! Make sure you have 12th March in your diaries, as from that date, you must record any ‘regulated lobbying’ activities in the online register within 30 days of such lobbying or you will be deemed to have committed a criminal offence. A fine of up to £1,000 may be issued if you are required to register and record your regulated lobbying activities but fail to do so.

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