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Lessons from Scotland: environmental regulators’ claims as contingent debts or liquidation expenses in insolvency proceedings (and the future toppling of a Celtic giant?)

Mamutse, BC Lessons from Scotland: environmental regulators’ claims as contingent debts or liquidation expenses in insolvency proceedings (and the future toppling of a Celtic giant?). Insolvency Intelligence. ISSN 0950-2645 (Accepted)

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Abstract

This paper examines two 2018 judgments of the Scottish Court of Session relating to the insolvency of Dawson International plc and Doonin Plant Ltd, which are notable for a number of reasons. In contrast to established cases involving the disclaimer of environmental obligations, the Dawson and Doonin decisions do not involve a collision between environmental protection legislation and insolvency legislation. They raise issues regarding the status of a regulator’s claim for clean-up costs, where a company has entered insolvency proceedings prior to enforcement action being taken/concluded. In upholding environmental interests through a statutory interpretation approach rather than a policy-oriented approach, Dawson and Doonin mark a clear separation from English precedent that is at least two decades old, deepening intrigue as to whether the outcomes in Dawson and Doonin have increased the likelihood of the standing English authority being over-ruled in the near future.

Item Type: Article
Subjects: H Social Sciences > HF Commerce > HF5001 Business
H Social Sciences > HG Finance
K Law > K Law (General)
K Law > KD England and Wales
K Law > KD England and Wales > KDC Scotland
Divisions: Law
Publisher: Sweet and Maxwell
Date Deposited: 07 Nov 2019 11:08
Last Modified: 07 Nov 2019 11:08
URI: http://researchonline.ljmu.ac.uk/id/eprint/11713

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