The Scottish Environmental Protection Agency & Ors, Re [2013] ScotCS CSIH_108 (12 December 2013)

The Scottish Environmental Protection Agency & Ors, Re [2013] ScotCS CSIH_108 (12 December 2013)

A Scottish liquidator does not have the power to abandon or disclaim land so as to vest it in the Crown as bona vacantia, nor to unilaterally disclaim statutory environmental licences outside the statutory surrender process. The CARs regime is within devolved competence as its purpose is environmental protection, and its effect on insolvency law is incidental.

Citation
[2013] ScotCS CSIH_108
Parties
Reclaimers and Respondents: Scottish Environmental Protection Agency and Others; Respondents and Noters: Joint Liquidators of the Scottish Coal Company Ltd; Respondent: Advocate General
Jurisdiction
Scotland
Judgment Date
12 December 2013
Procedural Posture
Reclaiming Motion (appeal) in Liquidation Proceedings / Appeal Against Directions of Lord Ordinary Regarding Powers of Liquidators
Outcome
Reclaiming motion allowed; directions of Lord Ordinary recalled.
Legal Topics
Liquidator's Powers of Disclaimer, Abandonment of Land, Statutory Licences in Insolvency, Legislative Competence Under Scotland Act 1998, Environmental Regulatory Compliance in Liquidation
Insolvency Law Environmental Law Administrative Law Property Law Constitutional Law Liquidator's Powers of Disclaimer Abandonment of Land Statutory Licences in Insolvency +2 more

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Parties

Scottish Environmental Protection Agency and Others

Reclaimers and Respondents

Joint Liquidators of the Scottish Coal Company Ltd

Respondents and Noters

Advocate General

Respondent

Procedural Posture

Reclaiming Motion (appeal) in Liquidation Proceedings / Appeal Against Directions of Lord Ordinary Regarding Powers of Liquidators

Legal Issues

  1. 1 Whether a Scottish liquidator has power to abandon or disclaim ownership of land so as to vest it in the Crown as bona vacantia
  2. 2 Whether a Scottish liquidator can unilaterally disclaim statutory environmental licences outside statutory surrender procedures
  3. 3 Whether the relevant Scottish environmental regulations (CARs) are within devolved legislative competence under the Scotland Act 1998

Ratio Decidendi

A Scottish liquidator does not have the power to abandon or disclaim land so as to vest it in the Crown as bona vacantia, nor to unilaterally disclaim statutory environmental licences outside the statutory surrender process. The CARs regime is within devolved competence as its purpose is environmental protection, and its effect on insolvency law is incidental.

Court Disposition

Reclaiming motion allowed; directions of Lord Ordinary recalled.

Orders

  • Direction authorising liquidators to abandon land recalled.
  • Direction authorising liquidators to abandon or disclaim statutory licences recalled.