ELB SECURITIES LTD AGAINST ALAN LOVE & PRESTWICK HOTELS LTD [2014] ScotSC 67 (26 August 2014)

ELB SECURITIES LTD AGAINST ALAN LOVE & PRESTWICK HOTELS LTD [2014] ScotSC 67 (26 August 2014)

Restoration of a company to the register under section 1032(1) of the Companies Act 2006 does not revive a lease previously terminated by Crown disclaimer under section 1020. The specific statutory provision terminating the lease prevails over the general effect of restoration, and the landlord is entitled to repossession.

Citation
[2014] ScotSC 67
Parties
Pursuer: ELB Securities Ltd; Defender: Alan Love; Defender: Prestwick Hotels Ltd
Jurisdiction
Scotland
Judgment Date
26 August 2014
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
Appeal allowed. Sheriff’s interlocutor of 4 April 2014 recalled. Decree granted in terms of craves one to three for the pursuers. Crave four remitted to sheriff for further procedure. Defenders found liable in expenses of the debate and appeal.
Legal Topics
Company Dissolution, Restoration to Register, Disclaimer of Property, Lease Termination, Statutory Interpretation
Company Law Landlord and Tenant Law Company Dissolution Restoration to Register Disclaimer of Property Lease Termination Statutory Interpretation

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Parties

ELB Securities Ltd

Pursuer

Alan Love

Defender

Prestwick Hotels Ltd

Defender

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether restoration of a company to the register under section 1032(1) of the Companies Act 2006 revives a lease previously terminated by Crown disclaimer under section 1020
  2. 2 Proper construction and reconciliation of sections 1020 and 1032 of the Companies Act 2006

Ratio Decidendi

Restoration of a company to the register under section 1032(1) of the Companies Act 2006 does not revive a lease previously terminated by Crown disclaimer under section 1020. The specific statutory provision terminating the lease prevails over the general effect of restoration, and the landlord is entitled to repossession.

Court Disposition

Appeal allowed. Sheriff’s interlocutor of 4 April 2014 recalled. Decree granted in terms of craves one to three for the pursuers. Crave four remitted to sheriff for further procedure. Defenders found liable in expenses of the debate and appeal.

Orders

  • Declared that Prestwick Hotels Ltd was dissolved on 14 June 2013.
  • Declared that the lease of the fifth floor at 166 Buchanan Street, Glasgow is at an end and parties are no longer bound.