Grampian Regional Council v Drill Stem (Inspection Services) Ltd (in receivership), Smith International (North Sea) Ltd (Minuters)
Grampian Regional Council v Drill Stem (Inspection Services) Ltd (in receivership), Smith International (North Sea) Ltd (Minuters)
- 1994
- Scottish Civil Law Reports 1994 SCLR 36-42(7) .
Landlord and tenant - landlord`s hypothec - tenant leaving premises and selling moveable property therein to thirs party - third party occupying premises - whether hypothec covers third party`s property in premises. Landlord and tenant - landlord`s hypothec - tenant company in receivership - tenant company leaving premises and selling moveable property therein to third party - whether sequestration for rent competent or whether receivership takes precedence - Companies Act 1985 (c.6) ss.464(2), 486(1)(b ) - Insolvency Act 1986 (c.45), ss.55(3)(b), 70(1). Diligence - sequestration for rent- whether competent following appointment of receiver to tenant company - Companies Act 1985 (c.6), ss.464(2), 486(1)( b) - Insolvency Act 1986 (c.45), ss.55(3)(b), 70(1). Companies - insolvency - receiver - whether receiver`s right to moveable property takes precedence over right of landlord under hypothec - Companies Act 1985 (c.6), ss.464(2), 486(1)(b) - Insolvency Act 1986 (c.45), ss.55(3)( b), 7
COMPANIES ACT 1985
HYPOTHEC
INSOLVENCY ACT 196
MOVEABLE PROPERTY
RECEIVERSHIP
Landlord and tenant - landlord`s hypothec - tenant leaving premises and selling moveable property therein to thirs party - third party occupying premises - whether hypothec covers third party`s property in premises. Landlord and tenant - landlord`s hypothec - tenant company in receivership - tenant company leaving premises and selling moveable property therein to third party - whether sequestration for rent competent or whether receivership takes precedence - Companies Act 1985 (c.6) ss.464(2), 486(1)(b ) - Insolvency Act 1986 (c.45), ss.55(3)(b), 70(1). Diligence - sequestration for rent- whether competent following appointment of receiver to tenant company - Companies Act 1985 (c.6), ss.464(2), 486(1)( b) - Insolvency Act 1986 (c.45), ss.55(3)(b), 70(1). Companies - insolvency - receiver - whether receiver`s right to moveable property takes precedence over right of landlord under hypothec - Companies Act 1985 (c.6), ss.464(2), 486(1)(b) - Insolvency Act 1986 (c.45), ss.55(3)( b), 7
COMPANIES ACT 1985
HYPOTHEC
INSOLVENCY ACT 196
MOVEABLE PROPERTY
RECEIVERSHIP