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12 February 2016 / Benjamin Caswell
Issue: 7686 / Categories: Features , Commercial
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Not back to the future?

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When a dissolved company is restored what happens to its former property, asks Benjamin Caswell

In the Back to the Future film franchise Marty McFly travelled backwards and forwards in time by 30 years, first to 1955 and back, and then to 2015 and back. The similarities and differences between the predicted 2015 featured therein and the real 2015 have been commented upon elsewhere. Much of the dramatic tension in the first film revolved around the need to ensure that Marty’s trip to the past did not disturb the reality of his present.

Prestwick

It is doubtful that the Inner House of the Court of Session in Scotland had the film franchise in mind when they gave their recent decision in ELB Securities Ltd v Alan Love & Prestwick Hotels Ltd [2015] CSIH 67, but nonetheless the same dramatic tension is involved.

The issue that faced them is what happens when a dissolved company is restored, in particular what happens to the property that it once owned?

In case English practitioners

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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