STEPHEN, JAMES BERNARD STEPHEN and SHANE MICHAEL CROOKS, as JOINT LIQUIDATORS OF PAYROLLER LTD (in Liquidation) AGAINST BEVERLEY THOMPSON [2019] ScotSC 44 (22 March 2019)
The court found that the payments to the defender were not properly authorised as remuneration or loans and that the defender was liable to repay the sums to the company in liquidation.
- Citation
- [2019] ScotSC 44
- Parties
- Joint Liquidator (pursuer): James Bernard Stephen; Joint Liquidator (pursuer): Shane Michael Crooks; Company in Liquidation: Payroller Ltd (in Liquidation); Defender: Beverley Thompson
- Jurisdiction
- Scotland
- Judgment Date
- 22 March 2019
- Procedural Posture
- Civil / Judgment
- Outcome
- judgment for the pursuers
- Legal Topics
- Liquidation, Recovery of Company Assets, Director's Duties
Case Brief
Summary, issues, holding and outcome
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Parties
James Bernard Stephen
Joint Liquidator (pursuer)
Shane Michael Crooks
Joint Liquidator (pursuer)
Payroller Ltd (in Liquidation)
Company in Liquidation
Beverley Thompson
Defender
Procedural Posture
Civil / Judgment
Legal Issues
- 1 Whether the defender is liable to repay sums to the company in liquidation
- 2 Whether payments made to the defender were in breach of director's duties
Ratio Decidendi
The court found that the payments to the defender were not properly authorised as remuneration or loans and that the defender was liable to repay the sums to the company in liquidation.
Court Disposition
judgment for the pursuers
Orders
- Defender ordered to repay specified sums to the joint liquidators of Payroller Ltd (in Liquidation)
Full Case Text
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