Scotland: administrations rules

Produced in partnership with Louise Laing of Brodies LLP
Practice notes

Scotland: administrations rules

Produced in partnership with Louise Laing of Brodies LLP

Practice notes
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For the impact of Brexit on Scottish procedures, see Practice Note: Table showing impact of Brexit on jurisdiction to commence insolvency/restructuring proceedings and obtain recognition in other EU Member States.

This Practice Note is concerned with Administrations as set out in Part 3 of the Insolvency (Scotland) (Company Voluntary Arrangement and Administration) Rules 2018 (ISCVAAR 2018), SI 2018/1082, Pt 3.

The ISCVAAR 2018, SI 2018/1082 came into force on 6 April 2019.

The Insolvency (Scotland) (Receivership and Winding Up) Rules 2018 (ISRWR 2018), SSI 2018/347 also came into force on 6 April 2019.

The reason for two sets of rules reflects the devolved settlement and respective responsibilities of the Scottish and UK parliaments for corporate insolvency processes. Accordingly, certain parts of each set of rules are mirrored.

The ISCVAAR 2018, SI 2018/1082 and the ISRWR 2018, SSI 2018/347 were intended to modernise and consolidate the Insolvency (Scotland) Rules 1986 (ISR 1986), SI 1986/1915 and the various amending statutory instruments made since ISR 1986, SI 1986/1915 came into force, as well as the Receivers

Louise Laing
Louise Laing

Solicitor, Brodies LLP


Louise is a Senior Associate in the Restructuring and Insolvency team at Brodies LLP.  She has extensive experience in corporate restructuring and insolvency work, having specialised in the area for over 15 years (including a secondment to a financial institution).

Louise has been involved in a number of high-profile formal insolvency appointments and multi-jurisdictional cases. She regularly advises insolvency practitioners on a wide range of insolvency issues in administrations, liquidations and receiverships and has acted for a number of administrators in achieving objective one: rescuing the company as a going concern.

Louise has particular experience of advising banks and other lenders in relation to security enhancement and enforcement and formal insolvency strategies and appointments. She also has experience in relation to loan and security acquisition transactions and enforcement following on therefrom. 

Louise also advises corporates and directors in times of financial difficulty and acts for clients requiring advice in relation to the insolvency of third parties.

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Jurisdiction(s):
United Kingdom
Key definition:
Administration definition
What does Administration mean?

Administration is a procedure under the Insolvency Act 1986, under which a company in financial difficulties is run by an Administrator as a going concern prior to the implementation of longer-term options such as break-up and sale.

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