Court im­poses busi­ness ban on ex-ty­coon

Switched as­sets from fail­ing firm

Stirling Observer - - FRONT PAGE - Court re­porter

Troubled busi­ness­man­Euan Snowie was last week banned from hold­ing of­fice as a di­rec­tor of any lim­ited com­pany for nine years.

A court heard he had know­ingly shifted thou­sands of pounds of as­sets from a fail­ing lorry busi­ness he ran – to the dis­ad­van­tage of the firm’s cred­i­tors – and was still re­fus­ing to hand them over.

Snowie’s truck rental and ser­vic­ing busi­ness Ochil Ser­vices Lim­ited went into liq­ui­da­tion on March 16, 2016.

Stir­ling Sher­iff Court was told that only days af­ter be­ing told it was in ad­min­is­tra­tion, Snowie trans­ferred all its re­main­ing as­sets – ve­hi­cles and ma­chin­ery worth over £161,000 – to his agri­cul­tural contracting part­ner­ship, Euan Snowie Farms, based at his coun­try man­sion, Bo­quhan House, at Kip­pen, near Stir­ling.

Solic­i­tor Fiona Tosh, who ap­plied for the dis­qual­i­fi­ca­tion or­der on be­half of the Sec­re­tary of State for Busi­ness, said Snowie, 50, had shown he was “not a fit and proper per­son” to hold any of­fice in any lim­ited com­pany.

Miss Tosh said: “This sin­gle trans­ac­tion took place at a date when Mr Snowie knew the com­pany was in liq­ui­da­tion. The liq­uida­tor at­tended the com­pany’s trad­ing premises on March 22 with let­ters ad­vis­ing of her ap­point­ment as liq­uida­tor of the com­pany.

“One of the let­ters set out that no pay­ment should be made from the com­pany’s bank ac­count and no as­sets should be trans­ferred.

“Mr Snowie was not in the premises at the time but she spoke to his wife [Claire] and left the pa­pers with her and also made a phone call to Mr Snowie, so as of that date he was aware the com­pany was in liq­ui­da­tion. On March 27 as­sets were trans­ferred to a con­nected part­ner­ship.

The liq­uida­tor has con­tin­ued to make re­quests for him to de­liver the as­sets to her, but he has failed to do so, which is an ag­gra­vat­ing fac­tor and makes this case all the more se­ri­ous.”

Snowie, who is rep­re­sent­ing him­self in the pro­ceed­ings, failed to at­tend court and sent a doc­tor’s note to seek an ad­journ­ment, or “a dis­charge of the proof ”.

Grant­ing the dis­qual­i­fi­ca­tion de­cree in his ab­sence, Sher­iff David Mackie de­scribed the move as “highly un­sat­is­fac­tory”.

He said: “Mr Snowie should be here. The [doc­tor’s] cer­tifi­cate in­di­cates that it would be hazardous for Mr Snowie to sit im­mo­bile for a long pe­riod of time; that doesn’t sug­gest he wouldn’t be fit to come here and at least stand and move for a dis­charge of the proof.”

He granted the dis­qual­i­fi­ca­tion de­cree by de­fault and said: “This was a sin­gle trans­ac­tion – a sin­gle oc­cur­rence – but that con­sti­tutes quite a se­vere breach of trust. It brings him into the cat­e­gory of per­sons who have be­haved in such a man­ner that they should be dis­qual­i­fied.”

He said the sin­gle trans­ac­tion was se­ri­ous enough in it­self to jus­tify a nine-year ban.

But he added: “It might be sug­gested that the con­duct is ac­tu­ally con­tin­u­ing. I un­der­stand it’s averred that he is still re­fus­ing to hand over the as­sets to the liq­uida­tor.

“His con­tin­u­ing re­fusal to hand back the as­sets de­feats the liq­uida­tor’s func­tions and op­presses the cred­i­tors which is se­ri­ous, and in my view the pe­riod sought is well jus­ti­fied.”

On the tele­phone from his home, Snowie said af­ter the hear­ing that he had deep vein throm­bo­sis.

He said: “I’m in bed with my leg el­e­vated.

“There’s no way I could be in court. I’m go­ing to ap­peal against this.”

There’s no way I could be in court. I’m go­ing to ap­peal

Ban Euan Snowie deemed not a fit and proper per­son to hold of­fice in a com­pany

Newspapers in English

Newspapers from UK

© PressReader. All rights reserved.