header-logo header-logo

12 February 2016 / Benjamin Caswell
Issue: 7686 / Categories: Features , Commercial
printer mail-detail

Not back to the future?

nlj_7686_caswell

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
In this week’s NLJ, Fred Philpott, Gough Square Chambers, invites us to imagine there was no statutory limitation. What would that world be like?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
back-to-top-scroll