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Company law [2024] SACCIV 48

Jennifer Lawson Russell or Wright against Peter Crawford Wright and others (Sheriff Appeal Court Civil)

Jennifer Lawson Russell or Wright against Peter Crawford Wright and others (Sheriff Appeal Court Civil) [2024] SACCIV 48 (27 November 2024)

The Sheriff Appeal Court held that a dissolved company’s debts were extinguished and that a standard security securing them could not be enforced while dissolution continued.

  • Effect of company dissolution on debts
  • Enforceability of standard security
  • Accessory obligations
  • Restoration of dissolved companies
  • Prescription of debts
  • Company-dissolution
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Company law [2020] ScotCS CSIH_23

RECLAIMING MOTION BY MCR OIL TOOLS LLC AGAINST SPEX OFFSHORE (UK) LTD AND OTHERS

RECLAIMING MOTION BY MCR OIL TOOLS LLC AGAINST SPEX OFFSHORE (UK) LTD AND OTHERS [2020] ScotCS CSIH_23 (15 May 2020)

The Inner House refused SPEX’s reclaiming motion and upheld restoration of dissolved companies to the register so MCR could pursue its Texas claims.

  • Restoration of dissolved companies
  • Piercing the corporate veil
  • Jurisdiction
  • Discretionary remedies
  • Restoration-of-dissolved-companies
  • Piercing-the-corporate-veil
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Company law [2020] ScotCS CSOH_5

MCR OIL TOOLS LLC AGAINST SPEX OFFSHORE (UK) LTD AND OTHERS

MCR OIL TOOLS LLC AGAINST SPEX OFFSHORE (UK) LTD AND OTHERS [2020] ScotCS CSOH_5 (10 January 2020)

The Court of Session restored two dissolved companies to the register so MCR Oil Tools could pursue related Texas claims, holding the application was just and not merely shadowy.

  • Restoration of dissolved companies
  • Companies act 2006 s.1029, s.1031, s.1032
  • Piercing the corporate veil
  • Jurisdiction and cross-border litigation
  • Intellectual property rights in insolvency
  • Restoration-of-dissolved-companies
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Personal injury [2014] ScotCS CSIH_82

BETTY SOPHIA SMITH FERGUSON & Ors AGAINST J & A LAWSON (JOINERS) Ltd

BETTY SOPHIA SMITH FERGUSON & Ors AGAINST J & A LAWSON (JOINERS) Ltd [2014] ScotCS CSIH_82 (15 October 2014)

Scottish appeal on section 19A discretion in a time-barred mesothelioma claim. The court held the Lord Ordinary was not plainly wrong and allowed the action to proceed.

  • Mesothelioma claims
  • Asbestos exposure
  • Time-bar
  • Section 19a discretion
  • Professional negligence
  • Restoration of dissolved companies
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Scotland decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.