Kepstorn is fourteen!

It was 27th October, 2007 that Kepstorn started in business. I have spent longer at Kepstorn than at either of my earlier firms and it is amazing how fresh and new it still feels. Yes, there are daily (weekly, monthly, etc.) challenges, but that is part of being in a professional services firm. To have […]

Claims against directors

I wanted to draw your attention to a recent case (the decision was handed down on 8th September) relating to the liability of directors in terms of section 217 of the Insolvency Act, 1986 (the “Act”) for their breach of the terms of section 216 of the Act (the provisions relating to restrictions on the […]

Merry (if you squint a bit) Christmas from Kepstorn

All right, I’ll admit it, I did wonder if I should inflict my annual, rambling musings on the world but I decided to do my Christmas message this year to provide you with a link to my usual, hugely deserving cause (this year, even more so). If you want to stop here, this is the […]

Kepstorn’s Thirteenth Anniversary

Yes: 27th October, 2007 saw the formation of Kepstorn and so, arithmetically, it is thirteen years since the start of the business but, in the current circumstances, I’m not sure that I want to refer to the number “thirteen” – let’s just say that this marks the third anniversary of the second decade of the […]

A “startling proposition” – again!

You may recall my update in September, 2018 when I addressed a recent decision at that time in a case of mine (Fox -v- Brennan) on gratuitous alienations (the Scottish “equivalent” of transactions at undervalue). The phrase quoted in the subject line was from the decision of Lord Doherty in that case. Somewhat bizarrely, the […]

Merry Christmas from Kepstorn

What a difference a year makes; and then again, perhaps not! All the signs are, however, set fair for the chance of a slightly less turbulent year ahead, with at least two of the imponderables (politics and the economic outlook) looking less fraught. The effort necessary to improve the environment remains, unfortunately, very much a […]

Gratuitous Alienations and the Office Holder

At last! Truth be told, I have been waiting for this day to come (and worrying about the inevitable implications), but we now know that a liquidator (or administrator or trustee) can be lucratus. With Lord Hodge’s Opinion in Joint Liquidators of Grampian Maclennan’s Distribution Services Ltd -v- Carnbroe Estates Ltd (sub nom MacDonald -v- […]