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The Institute of Chartered Accountants of Scotland (ICAS) has confirmed that the interim guidance issued in September 2025 by it, the Institute of...
The Insolvency Service has published its third 'Confidence in the Regime' report, which examines stakeholder perceptions of the insolvency and...
Restructuring & Insolvency analysis: The High Court held that payments totalling £748,270 made by a company to its sole director and majority...
This week's edition of Restructuring & Insolvency weekly highlights includes: an analysis of the use of artificial intelligence in legal practice...
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...
The effect of insolvency on guaranteesWhat is a guarantee?A guarantee is an agreement between one person/entity (the guarantor) and another person/entity (the creditor), whereby the guarantor agrees to answer for the liability of another party (the principal).For a guarantee to be valid, it must be
Priority between loss reliefs in loss making companiesWhy does it matter?A company that is a member of a group and has incurred any of the types of losses available for surrender by way of group relief may, without any further rules, have more than one way in which to use the loss. There are a
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
Strike out—making an application to strike out a statement of caseA strike out order can be made either following an application by the parties or on the court's own initiative. This Practice Note deals with the scenario of the order being made following a party's application.Making an application
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