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LEGISLATION |
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New EC Regulation on service of documents See CLM: ¶7152, ¶7165 |
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The EC has issued a new Regulation dealing with the service of documents in civil and commercial matters between Member States. This Regulation aims to improve the transmission of documents and simplify the process. It will apply to judicial and non-judicial documents. Judicial documents, such as court orders, will have to be served via “transmitting” and “receiving” agencies, which will then serve them on the recipients. Non-judicial documents will also be able to, but will not have to, be served in this way. This Regulation came into force on 30 December 2007, and will have to be applied in the Member States from 13 November 2008. |
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EC Regulation 1393/2007 |
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Companies that own an unoccupied business property receive a discount of around 50% compared to occupied business rates. However, companies in liquidation and individuals in bankruptcy are exempt from paying empty property rates altogether. This creates inequality between companies in liquidation and those in administration. Last year, the court held that companies in administration were liable for business rates in respect of empty properties and that these rates are payable as an expense of the administration (Exeter City Council v Bairstow, Martin and Trident Fashions plc [2007] EWHC 400 (Ch)). This can raise the expenses of administration considerably, particularly in the case of retail businesses, making it more difficult for an administrator to rescue the company. The Government announced recently that companies in administration will be fully exempt from paying empty property rates on business premises (“Modernising Empty Property Relief: a summary of consultation replies and Government response”). This decision will bring companies in administration into line with those in liquidation, making administration a more viable option in some cases and leading to more businesses being rescued. Secondary legislation is currently being drafted, with a view to implementing the reform from 1 April 2008. |
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Companies in administration to become exempt from property rates See CLM: ¶8927 |