Navigate the complexities of dispute resolution within the insolvency framework. Access essential insights and detailed guidance tailored for practitioners handling contentious insolvency matters. Equip yourself with the strategies and knowledge to effectively manage insolvency litigation, ensuring you can deliver robust advice and achieve successful outcomes for your clients.
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
Limitation periods applicable to insolvency claimsLimitation periods refer to the time during which a claim may be brought.The law on limitation periods is set out in the Limitation Act 1980 (LA 1980) which makes provisions in respect of different causes of action.In an insolvency context, claims
Avoiding invalid floating charges under section 245 of the Insolvency Act 1986Under section 245 of the Insolvency Act 1986 (IA 1986), liquidators and administrators can avoid certain floating charges if:•the floating charge was created at the relevant time•in certain circumstances, the company was
Misfeasance claims under section 212 of the Insolvency Act 1986What is misfeasance?A claim under section 212 of the Insolvency Act 1986 (IA 1986) operates where a person caught by the section has:•misapplied, retained or become accountable for any money or other property of the company•breached any
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