Reclaiming meaning

This Checklist summarises selected procedural requirements set out in the Rules of the Court of Session 1994 (RCS) concerning reclaiming motions in the Inner House of the Court of Session, Scotland. For key interlocutors, it considers whether a reclaiming motion is competent, whether leave to reclaim is required, and the relevant time limits. For guidance on: other aspects of the Inner House, Court of Session, see Practice Notes: Appeals to the Inner House of the Court of Session in Scotland and Reclaiming motions in the Inner House of the Court of Session in Scotland appeals from decisions of the Inner House, see Practice Note: Appeals to the UK Supreme Court in Scottish civil cases the equivalent in England and Wales, see Practice Notes: Civil appeals: general and preliminary considerations—overview, Civil appeals to the County Court and the High Court—overview, Civil appeals to the Court of Appeal—overview and Appeals to the Supreme Court—overview which, as well as offering an overview, provide links to more detailed...

Sleight (as trustee of the estate of Jillian Paula Mascall deceased) v Crown Estate Commissioners [2018] EWHC 3489 (Ch), [2018] All ER (D) 111 (Dec) What are the practical implications of this case? The holder of the funds (the chargee) had no beneficial stake in them, the party who had or might acquire an interest (the Crown) did not wish to take them, and the party who desired the funds (the trustee) had no means of getting them. A trustee can, by a sidewind, recover what has been disclaimed in like situations—in Lee v Lee [1999] Lexis Citation 3298, [1999] BPIR 926, on a chargee’s application for an order under section 320 of the Insolvency Act 1986 (IA 1986), the court granted the order and, exercising its broad discretion, directed that any surplus after the charge was met should be paid to the trustee. The Court of Appeal held this was proper and consistent with the ending of the trustee’s interest under IA 1986, s 315. Accordingly, there...

In this issue: Budgets and Finance Bills R&D taxation Companies and corporation tax International Finance Employment taxes Taxes management and litigation Remedies and tax Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Budgets and Finance Bills Progress of Finance Bill 2025 On 19 December 2024, the government published amendments to the Finance Bill for consideration by the Public Bill Committee. The key revisions affect Schedule 4, which concerns the UK’s multinational top-up tax and the domestic top-up tax rules set out in Parts 3 and 4 of the Finance (No 2) Act 2023. A ‘call for evidence’ dated 20 December 2024 indicates the Committee plans to open its examination of the Bill on 28 January 2025 and aims to finish by Tuesday 4 February 2025. The amendment document includes short explanatory notes outlining the purpose of the revisions. In an unusual step, HMRC...

Re FX Solutions Ltd (in liquidation), re GlobalFX.com Ltd (in liquidation); Lindsay v O’Loughnane [2023] EWHC 2247 (Ch) What are the practical implications of this case? This judgment makes no material addition to the legal landscape, nor does it meaningfully develop existing principles. Even so, it draws attention to three points that are too often missed in practice: a determined creditor may secure recovery where a liquidator cannot or will not act a creditor has standing to pursue a claim under IA 1986, s 212 IA 1986, s 212 disapplies any limitation period for actions involving fraud and for reclaiming trust property from a trustee What was the background? The companies’ business consisted of executing foreign exchange transactions. A engaged their services on several occasions as a returning customer. R2 served as managing director; his wife, R1, was likewise a director on the board. On the final occasion, in 2008, he sought to convert £565,000...

Actions against regulators/authorities Beyond judicial review of decisions, claimants may pursue civil proceedings where loss or damage is caused by breaches of duty and negligence by public bodies; the Corby litigation is a case in point, ending with an out-of-court settlement in April 2010. Corby dispute arose from remediation of a former steelworks, a site used for steel production for six decades and for disposal of steelmaking wastes long predating waste regulation. The local authority, Corby DC, holding enterprise zone status and benefiting from derelict land grant and EU regional development funding, acquired the 270ha site from British Steel in stages, reclaiming it in several phases over fifteen years...

A recurring scenario is that payments are made on account of dividends during a financial year, with the expectation of declaring a dividend at the year end. If the company fails, there are then no distributable profits from which a dividend can be declared and the on‑account payments, often treated as loans, are recoverable. In private companies, directors/shareholders are frequently advised to adopt this approach as a tax‑saving measure... When can dividends be declared? Under Part 23 of the Companies Act 2006 (CA 2006), distributions may only be made to members out of profits available for that purpose. A company’s profits available for distribution are its accumulated, realised profits, so far as not previously applied by distribution or capitalisation, less its accumulated, realised losses, so far as not previously written off in a reduction or reorganisation of capital... The amount of profits available for distribution is determined by reference to the company’s last annual accounts, subject to two exceptions: where the distribution would breach...

Civil justice reform See our Practice Note, Civil justice reform in Scotland-virtual hearings and electronic submission of documents, for guidance on the current rules and practice in the Scottish civil courts regarding virtual hearings and the electronic signing, transmission and lodging of documents. The Note introduces the Inner House of the Court of Session and examines its composition, jurisdiction, personnel and court rolls in detail as applicable. It sets out the principal kinds of appeal competent to the Inner House of the Court of Session and summarises the nature, time-limits and procedure for: each of the following: applications for a new civil jury trial appeals from the Sheriff Appeal Court statutory appeals appeals by way of stated case petitions to the nobile officium For detailed guidance on reclaiming motions, see Practice Note: Reclaiming motions in the Inner House of the Court of Session in Scotland and Procedural requirements for reclaiming key interlocutors to the Inner House of the Court...

Under section 11 of the Landlord and Tenant Act 1985, landlords of specified residential tenancies are required, among other duties, to keep the installations in the dwelling-house for space heating and heating water in good repair and proper working order. A tenancy might also impose express duties on a landlord concerning provision of heating and hot water. See Practice Note: Residential tenancies—landlord’s implied covenant of fitness for human habitation and statutory obligation to repair. Where...