A Sheriff has answered this question in the affirmative and given reasoning which will be helpful for trustees (under a trust deed) in considering whether to raise sequestration proceedings against the debtor.

Background

The Sheriff Court at Airdrie was asked in April 2019 to comment on the ability of a trustee under a trust deed to summarily apply for a debtor's sequestration in the case of David Mond v Craig Booth.

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In Martin v McLaren Construction Ltd [2019 EWHC 2059 (Ch) the Court was asked to decide whether the Respondent had issued a valid Demand Letter against the Applicant prior to issuing a Statutory Demand, and even if it had not, whether the Court should still exercise its discretion to uphold the Statutory Demand pursuant to Rule 10.5(5) of the Insolvency (England and Wales) Rules 2016.

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A breathing space scheme for individuals with problem debt will be implemented by 2021, the Treasury has confirmed. Draft regulations are expected later this year.

Lenders, loan servicers, debt purchasers and other acquiring funds can now begin taking steps to ensure that they are prepared for this change.

What is breathing space?

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The draft Finance Bill 2019-20 was published on 11 July 2019. It includes, amongst other provisions, changes to reinstate HMRC's status as a preferential creditor in relation to certain debts in corporate insolvencies. This will have an impact for all shareholders and creditors in corporate insolvencies where HMRC is also a creditor.

What is changing?

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The Government will consult on new laws to give consumers greater protection on retailer insolvency, but has confirmed that consumer prepayments will not be given preferential status in insolvency.

This was announced on 27 December 2018 in the Government's Response to the Law Commission's July 2016 Report on Consumer Prepayments on Retailer Insolvency.

The Law Commission's Report

The Law Commission's Report recommended that:

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Directors cannot avoid unlawful distribution claims by asserting that dividends should be retroactively re-categorised as remuneration for services they have provided to the company, the Court of Appeal has confirmed in Global Corporate v Hale [2018] EWCA Civ 2618

The court confirmed that the legality of a payment to directors must be tested at the time when it is made. Any "subsequent realisation that the distributions should not have been made" will not cure an unlawful distribution.

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On 31 October the Supreme Court handed down the judgment in the case of Dooneen Limited t/a McGuiness Associates v David Mond.

The judgment confirmed that a trustee is not entitled to property discovered after a trust deed has been terminated and the trustee discharged and therefore provides some much needed clarity for banks, debtors and trustees who face this situation.

The facts

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The UK's corporate insolvency and restructuring landscape will be changing dramatically, following the Government's announcement on 26 August 2018.

The Government proposes to introduce a wide range of reforms including: 

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A statutory waste removal obligation incurred by a company before it entered liquidation was held to be dischargeable as an expense of the liquidation (Re Doonin Plant Limited [2018] ScotCS CSOH 89).

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Monthly Law Update | Social Housing July 2018 Introduction  Supply chain  This update shows the main legislative and case law  developments and statutory guidance issued in  connection with the Social Housing sector from the  last month (June 2018) together with links to the  relevant sources where you can obtain further  information.  If you have any concerns about any of the  developments outlined in this update, or if you require  any advice on the effect of the developments or on  how to respond appropriately, please contact: 

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