Allana Sweeney

Director, Burness Paull

Allana is a specialist in insolvency law accredited with the Law Society of Scotland and is ranked in Legal 500 as a ‘Rising Star’ and in Chambers & Partners as an ‘Associate to Watch’. She has over 12 years of experience specialising in all aspects of corporate and personal insolvency and restructuring and recovery work including: debt restructurings, pre-pack administrations, advising boards of distressed entities, security enforcement and enhancement, standstill and settlement arrangements, insolvent business and asset sales / acquisitions, contentious IP appointments and jurisdictional issues. Recent assignments have covered a number of sectors including bio power/energy, hospitality and leisure, retail, shipbuilding, real estate and professional firms.

Contributed to

2

Dobbies Garden Centres: key considerations for restructuring plans proposed in Scotland and the holding

Practice Notes

This Practice Note, produced in partnership with Allana Sweeney of Burness Paull LLP and Paul Keddie of Macfarlanes LLP, looks at the Dobbies Garden Centres Limited Part 26A restructuring plan (RP) which was approved in the Court of Session in Scotland on 9 December 2024. It provides detailed analysis of the legal framework of Part 26A RPs in Scotland and clarifies the judicial guidance on creditor meeting validity and proxy holder representation. The Dobbies RP is the first Scottish RP using cross-class cramdown to compromise property liabilities and has set a precedent for future Scottish and cross-border RPs.

Restructuring & Insolvency

Scotland—can a liquidator use section 127 of the Insolvency Act 1986 to treat post-petition transfers as

Q&A

This Q&A considers the position in Scotland as to whether a liquidator can use section 27 of the Insolvency Act 1986 to treat post-winding-up petition transfers as void where there is an intervening administration after presentation of the winding-up petition.

Restructuring & Insolvency