Stay ahead of the curve with the latest judicial decisions and key case analyses in restructuring and insolvency. Our case bulletins provide concise, expert commentary and practical insights essential for informed decision-making and strategic guidance. Enhance your legal practice with quick access to summaries, implications, and trends from recent cases.
Restructuring & Insolvency analysis: The Family Court held that a declaration of trust transferring the former husband’s remaining UK property to his...
The Court of Session has issued Practice Note No 4 of 2026, setting a clearer framework for reporters appointed to assist the Court with insolvency...
The Institute of Chartered Accountants of Scotland (ICAS) has responded to HMRC consultation on modernising the taxation of company distributions and...
HM Courts and Tribunals Service (HMCTS) has published a collection of Business and Property Division forms which contains links to forms for use in...
Role, powers, functions and duties of a liquidatorThe role and function of a liquidatorA liquidator is the officer appointed when a company goes into...
Bonds and notesThe terms ‘bonds’ and ‘notes’ are used interchangeably (and there is no legal difference between the terms), though notes tend to be...
Bankruptcy searchesBankruptcy searches at the Land Charges DepartmentWhen a bankruptcy petition is presented by a creditor, the court shall as soon as...
Basic introduction to super senior, senior, mezzanine and junior debtThe range of funding options open to companies has exploded, resulting in a vast...
What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a
If a rentcharge is shown as being informally exonerated on title information, does this apply to the current registered owner? Or does the informal exoneration only apply to the parties to the document which informally exonerated the rentcharge?This Q&A considers the situation where, at some point
If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit
Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a
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