Addleshaw Goddard

This Practice Note, produced in partnership with Tim Cooper of Addleshaw Goddard LLP, looks at the insolvency of ordinary partnerships and limited partnerships in Scotland. It considers how a Scottish partnership can apply for its own sequestration, how creditors can petition for sequestration and other differences for Scottish Partnerships.

This Practice Note, produced in partnership with Tim Cooper of Addleshaw Goddard LLP and Eileen Maclean of Insolvency Support Services Limited, looks at members’ voluntary liquidations (MVLs) in Scotland including The Insolvency (Scotland) (Receivership and Winding up) Rules 2018.

This Practice Note, produced in partnership with Tim Cooper of Addleshaw Goddard LLP, David Menzies of ICAS and Louise Laing of Brodies LLP, looks at the process to enter creditors’ voluntary liquidation (CVL) of a company registered in Scotland and the appointment of a liquidator by creditors.

This Q&A considers the position in Scotland on whether the EU Regulation on insolvency proceedings as it has effect in the law of the UK applies to a winding-up petition for a company registered and trading in Scotland, and whether the proceedings are treated as COMI or establishment proceedings.

This Q&A considers the position in Scotland on the effect of the employer company going into administration, and whether it renders a post-termination restriction (or restrictive covenant) unenforceable, or null and void.

This Q&A considers the position in Scotland on whether it is possible to lend to a company currently undergoing a CVA.

This Q&A considers the position in Scotland on whether the usual order where an administration order is made when a winding-up petition is extant.

This Q&A considers the position in Scotland as to the interpretation of the insolvency grounds in a forfeiture clause.