Joint liquidators of Doonin Plant Ltd, noters

Insolvency – Liquidation – Application for directions – Funding of remediation work. Court of Session: In an application by the liquidators of a company, seeking directions from the court on three issues concerning the implications for the liquidation of certain provisions of the Environmental Protection Act 1990, prior to the liquidation date the company having carried on a waste management business at a former colliery site and the Scottish Environment Protection Agency ('SEPA') having issued notices to the company requiring it to remove unlawfully deposited controlled waste from the site and to carry out remediation work, the court held that the company did not owe a contingent debt to SEPA at the liquidation date; that the liquidators should, to the extent that funds were available, procure that the company met the obligations under the notices; and that the remediation costs would be a liquidation expense.

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