Reported Insolvency Decisions
Blackburn v Alexander  CSOH 179
Action raised by liquidator seeking repayment of an alleged gratuitous alienation made to the director’s SIPP in the six months prior to insolvency. The director defended the action on the grounds that the alienation was repaid prior to the liquidation of the insolvent company. The question that arose was whether a transfer between trading accounts could represent repayment and, if so, whether the parties intended the transfer to constitute repayment
MacMillan v T Leith Developments Limited  CSOH 19
Action raised by a creditor of a company against the receiver. The pursuer sought an order from the Court confirming that the inhibition that he served against the company prior to the appointment of a receiver is “effectually executed diligence” and so ranks ahead of the floating charge. This issue was previously considered by the Inner House in the case of Lord Advocate v RBS 1977 SC 155 and the Lord Ordinary was bound by this decision. The pursuer argued in the alternative that, if the inhibition was not effectually executed diligence, it would still rank ahead of the floating charge at common law. The Lord Ordinary accepted the alternative submission.
Hooley Ltd Petitioners
Three connected petitions relating to companies that have their registered offices in Scotland but operate jute mills in India. The Indian Courts have issued various orders restricting the extent to which these companies can deal with their assets. In breach of these orders, Scots law floating charges were executed by two of the companies. Thereafter Scottish administrators were appointed. The issues included: (i) the proper interpretation of paragraphs 14 and 16 of schedule B1 to the Insolvency Act 1986; and (ii) the power of an administrator to deal with property in India where an Indian liquidator has previously been appointed to a company.
Reported Property Law Decisions
Ramsay v Drimsynie Estates Limited  CSOH 93
A summary trial in terms of section 26 of the Court of Session Act 1988. The question for the Court was the proper interpretation of a valuation provision in the lease.
Little Cumbrae Estates Ltd v Rolyat 1 Ltd  CSOH 163
Action relating to repairing obligations in a lease. The particular issue was whether it was competent to recall a decree in absence after the decree had been extracted and a charge for payment served.
Reported tax cases
Allen v Commissioners for Her Majesty's Revenue and Customs TC05320
Decision of the First-tier Tribunal. Case involving penalties under the Finance Act 2007. The decision relates to an application by the tax payer for leave to appeal out of time and an application for strike out by the Revenue.
Sibcas Ltd v Commissioners for Her Majesty's Revenue and Customs TC05253
Decision of the First-tier Tribunal. Case involving expemptions from VAT. The question for the Tribunal was whether the supply of a temporary building constructed from prefaricated units constituted a lease of immoveable property.
Balhousie Holdings Ltd v Commissioners for Her Majesty's Revenue and Customs TC05131
Decision of the First-tier Tribunal. Case involving zero-rating in respect of VAT. In question for the Tribunal was the proper interpretation of paragraph 36 of schedule 10 to the Value Added Tax Act 1994. In particular, did a sale and leaseback constitute the disposal of the taxpayer's entire interest in the property.