ELB Securities Ltd v Love & Anor [2015] ScotCS CSIH_67 (18 September 2015)

ELB Securities Ltd v Love & Anor [2015] ScotCS CSIH_67 (18 September 2015)

Restoration of a dissolved company under Companies Act 2006 section 1032 does not revive leasehold property disclaimed by the Crown; special property provisions in sections 1012-1022 override general restoration provision; PHL's rights in the lease ended on date of Crown disclaimer.

Citation
[2015] ScotCS CSIH_67
Parties
Pursuers and Respondents: ELB Securities Limited; Defender and Appellant: Alan Love; Defender and Appellant: Prestwick Hotels Limited
Jurisdiction
Scotland
Judgment Date
18 September 2015
Procedural Posture
Appeal / Court of Session, Inner House, Extra Division
Outcome
Appeal refused; interlocutor of Sheriff Principal adhered to.
Legal Topics
Dissolution of Company, Restoration to Register, Lease Termination, Bona Vacantia, Crown Disclaimer
Company Law Property Law Dissolution of Company Restoration to Register Lease Termination Bona Vacantia Crown Disclaimer

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

ELB Securities Limited

Pursuers and Respondents

Alan Love

Defender and Appellant

Prestwick Hotels Limited

Defender and Appellant

Procedural Posture

Appeal / Court of Session, Inner House, Extra Division

Legal Issues

  1. 1 Effect of restoration of dissolved company on leasehold property disclaimed by Crown
  2. 2 Interpretation of Companies Act 2006 sections 1012-1034

Ratio Decidendi

Restoration of a dissolved company under Companies Act 2006 section 1032 does not revive leasehold property disclaimed by the Crown; special property provisions in sections 1012-1022 override general restoration provision; PHL's rights in the lease ended on date of Crown disclaimer.

Court Disposition

Appeal refused; interlocutor of Sheriff Principal adhered to.

Orders

  • Declarator that lease is at an end and parties are no longer bound thereby
  • Removal of defenders from premises