Originally Posted by
ATNotts
One very big difference;
That had all the hallmarks of a "creative failure" facilitated by the holding company of both businesses. Flybe Mk.1 simply went belly up and was sold on by the administrators.
The judge in the case didn't agree - see para 242. There are considerable similarities in the shareholdings of Mk 1 and Mk 2
This is the first para of the judges conclusion - sound familiar?
Having considered all the factors, I am persuaded that there was a relevant transfer of the business of BMIR. Loganair acquired nearly all the planes and a significant majority of the pilots who previously operated BMIR’s activities. The planes and pilots continued to fly scheduled and some contract routes. The activity is essentially the same. The fact that they are integrated into the business of Loganair does not prevent this being a relevant transfer.