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Don't wind-up in trouble when you wind-up

MacRoberts LLP
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United Kingdom
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January 18 2013

On 15 January 2013, OSCR published a report following its investigation into the winding up of a regeneration charity, Glasgow East Regeneration

Lifting the moratorium in administration

MacRoberts LLP
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United Kingdom
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November 26 2012

When a company goes into administration, it benefits from a "moratorium" that prevents creditors taking legal and other proceedings against the company or its assets

Apollo Engineering Ltd (in liquidation) v James Scott Limited

MacRoberts LLP
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United Kingdom
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January 19 2012

In a previous e-update "DIY - Not in the Scottish Courts", dated 22 September 2010 we reported on the Court of Session decision in Secretary of State for Business Enterprise and Regulatory Reform, petitioner (The UK Bankruptcy case), 2010 SLT 1242

Is your business protected?

MacRoberts LLP
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United Kingdom
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January 13 2012

With the depressing news that more than 20,000 Scots will go bust in 2012, and an average of 25 Scots firms a week will go under this year, it has never been more important to be alert to payment disputes

Retail administrators - beware of the Scottish hypothec

MacRoberts LLP
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United Kingdom
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January 11 2012

The recent flurry of news reports regarding the administration of high street retail chains and the subsequent sale of parts of their businesses is perhaps an opportune time to flag up the renewed importance that the hypothec plays in Scottish property law

Getting your priorities right

MacRoberts LLP
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United Kingdom
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January 4 2012

Agreements with administrators often contain provisions to the effect that any claim against the company in administration will rank only as an unsecured claim and not as an expense of the administration

TUPE does apply to transfers of companies in administration

MacRoberts LLP
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United Kingdom
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December 23 2011

The Court of Appeal issued its long-awaited Judgment in the case of Key2Law (Surrey) LLP -v- De' Antiquis, confirming that businesses which are in administration are not exempted from TUPE

Tribunal decides that the sale of part of a business qualifies for entrepreneurs' relief

MacRoberts LLP
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United Kingdom
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December 6 2011

The First-tier Tribunal has issued its decision in the case of M Gilbert (ta United Foods) v HMRC, one of the first cases concerning a claim for entrepreneurs' relief to reach the First-tier Tribunal