Leon Breakey
MacRoberts LLP
Articles
Personal guarantees – be aware!
United Kingdom - August 15 2014 National House Building Council (NHBC) v John Penman and Elizabeth Penman [2014] CSOH 120 considered whether the owners of JAD Homes Ltd (JAD) were…
Khaliq v Londis: a monumental case
United Kingdom - May 7 2010 The recent Scottish case of Khaliq v Londis (Holdings) Ltd has cast some doubt on the rather exceptional principle of "Melville Monument" liability.
Breach of fiduciary duty by not paying VAT
United Kingdom - October 7 2009 The High Court in England has made an interesting decision in the case of ED Games Limited.
Compromising claims in liquidations without the consent of all creditors
United Kingdom - May 11 2011 In the recent English Court of Appeal case of Rubin v Coote, the court allowed a liquidator to settle litigation without having obtained the agreement of all creditors to the compromise.
Administrator challenges Tayplan pay plan
United Kingdom - March 22 2011 The recent Court of Session case of Tayplan Limited (in administration) v Smith is particularly interesting as it is a case where the administrator chose to pursue directors for breach of fiduciary duties rather than using any of the more common statutory remedies.
