Articles

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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…

Gillian Craig

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.

Julie Hamilton

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.

Alan Meek

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.

Alan Meek

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.

Alan Meek