Stirling Observer

Court imposes business ban on ex-tycoon

Switched assets from failing firm

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

Newspapers in English

Newspapers from United Kingdom