R&I in Scotland

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Practice notes
Interference with goods in an insolvency situationApplication to insolvencyFollowing an appointment, an office-holder will need to establish what...
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19th May
Practice notes
Role, powers, functions and duties of a liquidatorCoronavirus (COVID-19)This content is affected by the coronavirus (COVID-19) pandemic. For further...
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19th May
Practice notes
The deemed consent procedure, decision-making procedure, and meetings—the position under the Insolvency (England and Wales) Rules 2016The Insolvency...
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Produced in partnership with Richard Bowles 19th May
Practice notes
Secured creditors under a CVA—including effect on guaranteesNeither the company nor its creditors may approve a company voluntary arrangement (CVA)...
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Produced in partnership with Lexa Hilliard QC of Wilberforce Chambers 19th May
Practice notes
Court-appointed receivers—when a court will appoint a receiver and who may be appointedThis Practice Note covers receivers who are appointed by the...
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Produced in partnership with John Hughes of Shakespeare Martineau LLP 19th May
Practice notes
Practice Direction on Insolvency ProceedingsCoronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and...
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19th May
Practice notes
Effect on proceedings against a company being wound up and after a winding-up order is madeCoronavirus (COVID-19)This content contains guidance on...
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Produced in partnership with Eleanor Holland and Karl Anderson of 4 Stone Buildings 19th May
Practice notes
Coronavirus (COVID-19)—Changes to the court process in insolvency proceedingsThe UK Government’s policy of social distancing in order to slow the...
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19th May
Q&As
Can a claim be made against a company for trading whilst insolvent? If the company is conducting litigation, does this constitute ‘trading’? If so,...
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19th May
Practice notes
Annulment of bankruptcy ordersThis Practice Note looks at the annulment of bankruptcy orders under section 282 of the Insolvency Act 1986 (IA 1986)...
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19th May
Practice notes
Equitable charges v legal charges—impact on saleabilityThis Practice Note considers the position of a security holder who has an equitable mortgage or...
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Produced in partnership with Jonathan Titmuss of Hardwicke 19th May
Practice notes
Bankruptcy petitions—process and procedureBefore the hearing of the creditors’ bankruptcy petition takes place, there are a number of steps that must...
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19th May
Practice notes
Compulsory winding up of a company—the process and procedureSTOP PRESS: The Corporate Insolvency and Governance Act 2020 contains provisions which, on...
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Produced in partnership with Eleanor Holland and Karl Anderson of 4 Stone Buildings 19th May
Practice notes
Wrongful trading claims under sections 214 and 246ZB of the Insolvency Act 1986What is wrongful trading?Wrongful trading is a claim which arises under...
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19th May
Practice notes
A guide to independent business reviewsThis Practice Note looks at independent business reviews (IBRs) and aims to:•provide high level guidance around...
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Produced in partnership with Allan Kelly of RSM 19th May

Most recent R&I in Scotland content

Practice notes
Coronavirus (COVID-19) implications for dispute resolution in ScotlandThis Practice Note provides guidance on how the Scottish civil courts are...
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22nd Sep
Practice notes
The Insolvency (Scotland) (Company Voluntary Arrangement and Administration) Rules 2018 and The Insolvency (Scotland) (Receivership and Winding Up)...
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Produced in partnership with David Menzies and Steve Wood of ICAS 22nd Sep
Practice notes
Virtual execution under Scots lawIP COMPLETION DAY: The Brexit transition period ended at 11pm on 31 December 2020. At this time (referred to in UK...
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Produced in partnership with David Blair, Solicitor at Anderson Strathern 17th Sep
Practice notes
Money attachment in Scottish civil litigationThis Practice Note considers the position in Scotland. For guidance on:•other forms of diligence in...
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Produced in partnership with Julie Hamilton of MacRoberts LLP 13th Sep
Practice notes
Adjudication for debt in Scottish civil litigationThis Practice Note considers the current position on adjudication for debt in Scottish civil...
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Produced in partnership with Julie Hamilton of MacRoberts LLP 13th Sep
Practice notes
Inhibition in Scottish civil litigationThis Practice Note considers the position in Scotland. For guidance on:•other forms of diligence in Scottish...
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Produced in partnership with Julie Hamilton of MacRoberts LLP 13th Sep
Practice notes
Attachment in Scottish civil litigationThis Practice Note considers the position in Scotland. For guidance on:•other forms of diligence in Scottish...
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Produced in partnership with Julie Hamilton of MacRoberts LLP 13th Sep
Practice notes
Coronavirus (COVID-19)—Scotland trackerThis table below contains an archive of news analysis on Scotland and Scots law developments of general...
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10th Sep
Practice notes
Floating charges—differences between Scots and English lawSTOP PRESS—Coronavirus (COVID-19) and registration of charges at Companies House: The...
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9th Sep
Practice notes
Execution of documents under Scots lawSTOP PRESS: Registers of Scotland are operating a digital submissions service, details of which are available...
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Produced in partnership with David Blair, Solicitor at Anderson Strathern 3rd Sep
Precedents
R3 Standard Form COVID-19 CVA Proposal (SCOTLAND)IN THE MATTER OF [INSERT COMPANY NAME] (‘THE COMPANY’)IN THE MATTER OF THE INSOLVENCY ACT...
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26th Aug
Practice notes
Premier Oil plc deal debriefBackgroundPremier Oil plc (now Harbour Energy plc) (‘Premier’) is incorporated in Scotland and listed on the London Stock...
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24th Aug
Practice notes
Diligence against earnings in Scottish civil litigationThis Practice Note considers the position in Scotland. For guidance on:•the equivalent in...
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Produced in partnership with Lynsay Cargill of MacRoberts LLP 18th Aug
Practice notes
Recovering rent, arrears and rates considerations in ScotlandCoronavirus (COVID-19): During the current pandemic, legislation, guidance and changes to...
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Produced in partnership with Gavin Deeprose of DLA Piper and Alistair Drummond of DLA Piper 18th Aug
Practice notes
Scotland: set-off in the context of insolvencyIntroductionIn practice, the phrase ‘set off’ in Scotland is generally used as a generic term covering...
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Produced in partnership with Alan Sinclair of Addleshaw Goddard LLP 18th Aug
Practice notes
The Insolvency (Scotland) (Company Voluntary Arrangement and Administration) Rules 2018 and The Insolvency (Scotland) (Receivership and Winding Up)...
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Produced in partnership with Eileen Margaret Maclean of Insolvency Support Services 18th Aug
Practice notes
The Insolvency (Scotland) (Receivership and Winding Up) Rules 2018—compulsory liquidationThe Insolvency (Scotland) (Company Voluntary Arrangement and...
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Produced in partnership with Tim Cooper and Matthew Finnie of Addleshaw Goddard LLP 18th Aug
Practice notes
Scotland: compulsory liquidationFor the impact of Brexit on Scottish procedures, see Practice Note: Table showing impact of Brexit on jurisdiction to...
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Produced in partnership with Kirsten Fleming of Addleshaw Goddard LLP 18th Aug
Practice notes
Scotland: process to enter creditors’ voluntary liquidation (CVL)This Practice Note is concerned with the commencement of creditors’ voluntary...
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Produced in partnership with Tim Cooper of Addleshaw Goddard 18th Aug
Practice notes
Scotland: guide to the appointment of a provisional liquidatorFor the impact of Brexit on Scottish procedures, see Practice Note: Table showing impact...
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Produced in partnership with Tim Cooper of Addleshaw Goddard 18th Aug

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