A copy of the opinion of
Lord Hodge in
Nimmo & Anor, Re Directions [2013] CSOH 124 has recently been added to the
BAILII database. The decision is noteworthy for several reasons, the most important being the recognition that the liquidator of a Scottish registered company was able to abandon
heritable property. In England the power to disclaim onerous property is provided for by
section 178 of the
Insolvency Act 1986 but there is no directly equivalent statutory provision in respect of Scotland.
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