Monday, 22 July 2013

UK: Scotland: liquidator of Scottish registered company able to abandon land

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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