We recently reported on the Court of Session's decision that a liquidator of a company being wound up in Scotland may abandon both heritable property and statutory licences. A full copy of that article can be accessed here.
The Court has now issued its written decision. This provides further analysis and confirms the position that we previously reported.
Parties represented
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).
JWS has achieved a significant win on behalf of Linc’s liquidators, PPB Advisory, in their proceedings against the Queensland State Government in relation to Linc’s environmental liabilities. The Queensland Court of Appeal has unanimously overturned the Supreme Court judgment of Jackson J, which was the subject of an appeal hearing in September 2017 at which Bret Walker SC appeared for the liquidators.
Briefings
A recent ruling by the English High Court in BILTA v RBS1, concerning EU Emissions Allowances (“EUAs” or “carbon-credits”) trading has re-opened the debate on when materials forming part of an internal investigation can benefit from litigation privilege. The decision further undermines the restrictive approach taken by Andrews J in SFO v ENRC2 when applying the “sole or dominant purpose test” to dual-purpose communications.
Background – Emissions Trading Fraud
The Scottish Government has been ahead of the rest of the UK in its attempts to introduce methods which are designed to change behaviour and encourage people to operate in buildings in a more energy efficient manner.
The Assessment of Energy Performance of Non-domestic Buildings (Scotland) Regulations 2016 came into effect on 1 September and are aimed at effecting those behavioural changes.
A. United States v. Delfasco, Inc., 409 B.R. 704 (D. Del. July 15, 2009).
This suit involved a motion to withdraw from Bankruptcy Court to District Court. Defendant/Debtor Delfasco, Inc. (“Delfasco”) filed for Chapter 11 protection under the Bankruptcy Code following the EPA’s issuance of a RCRA Order requiring Delfasco to install and maintain mitigation systems for trichloroethylene that it discovered on its property. The United States, on behalf of the EPA, filed an Adversary Complaint against Delfasco, followed by this motion to withdraw.
In re Texas Eastern Overseas, Inc., 2009 WL 4270799 (Del. Ch. Nov. 30, 2009).
This suit involved Petitioner AmeriPride Services Inc. (“AmeriPride”)’s motion for the appointment of a receiver pursuant to 8 Del. C.
On April 20, 2010, an explosion on the Deepwater Horizon oil drilling rig located off the coast of Louisiana killed eleven crewmen and set off what is now considered the largest offshore oil spill in U.S. history. As a result, BP p.l.c. (“BP”), the parent company of the British Petroleum multinational corporation, faces mounting liabilities related to the damages caused by the disaster and hundreds of lawsuits that have been filed in numerous U.S. state and federal courts.
In re 15375 Memorial Corporation, et al, 430 BR 142 (Bankr D Del May 17, 2010)
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