R&I in Scotland

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Practice notes
The purpose of section 216 of the Insolvency Act 1986Section 216 of the Insolvency Act 1986 (IA 1986) is aimed at preventing phoenix companies from...
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9th Nov
Precedents
Court Reference No: [INSERT COURT REF. NUMBER][IN THE HIGH COURT OF JUSTICEBUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [INSERT...
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9th Nov
Practice notes
A demand for payment is a formal demand made in accordance with the contractual requirements underpinning the liability which the party issuing the...
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Produced in partnership with James Hannant of Guildhall Chambers 12th Jan
Practice notes
It is possible for a claim to be brought under section 423 of the Insolvency Act 1986 (IA 1986) against a company or individual following a...
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9th Nov
Practice notes
This Practice Note looks at equitable accounting, what it is, how and when it applies. It does not look at how the trustee in bankruptcy (trustee)...
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9th Nov
Practice notes
The Court of Appeal has made it clear in JCAM that a moratorium cannot be obtained through the back door by filing a notice of intention to appoint an...
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Produced in partnership with Lexa Hilliard QC of Wilberforce Chambers 12th Jan
Practice notes
This Practice Note looks at:•the key features of loan to value (LTV) covenants•possible issues with calling an event of default based on a LTV...
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Produced in partnership with Alexander Pelopidas, James Walton and Matthew Brew of Rosling King LLP 12th Jan
Practice notes
Coronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and related changes to court procedures and...
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9th Nov
Practice notes
Coronavirus (COVID-19)This content is affected by the coronavirus (COVID-19) pandemic. For further details, take a look at our Coronavirus (COVID-19)...
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9th Nov
Practice notes
One of the initial signs of distress is usually a covenant breach by the company. The lenders may agree to a simple waiver, which cures a temporary...
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9th Nov
Practice notes
DisclaimerUnder sections 178 and 315 of the Insolvency Act 1986 (IA 1986), a liquidator or a trustee in bankruptcy (trustee) has the power to disclaim...
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9th Nov
Practice notes
IntroductionThis Practice Note will give a basic overview of the applicable tests for cashflow and balance sheet insolvency under section 123 of the...
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Produced in partnership with South Square 12th Jan
Practice notes
STOP PRESS: This Practice Note is being updated for the Corporate Insolvency and Governance Act 2020 (CIGA 2020), which introduces a new insolvency...
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Produced in partnership with Stephen Allinson 12th Jan
Practice notes
The Insolvency (England and Wales) Rules 2016, SI 2016/1024 (IR 2016) provide for a revised scheme for decision making in insolvency from 6 April...
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Produced in partnership with Richard Bowles 12th Jan
Practice notes
The primary function of office-holders in personal and corporate insolvency is to collect in the assets belonging to a company or individual and to...
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9th Nov
Practice notes
STOP PRESS: The Corporate Insolvency and Governance Act 2020 contains provisions which, on a temporary basis (presently until 31 December 2020) impose...
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Produced in partnership with Eleanor Holland and Karl Anderson of 4 Stone Buildings 12th Jan

Most recent R&I in Scotland content

Practice notes
Nature and classification of trusts—ScotlandDefinitionsIt is difficult to find a wholly satisfactory definition of ‘trust’, given the range of...
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Produced in partnership with Yvonne Evans, Law Lecturer, Solicitor (non-practising), TEP, University of Dundee 16th May
Practice notes
Rights of beneficiaries under Scottish lawGeneral nature of beneficiaries’ rightsThe right of the beneficiaries of a trust is generally considered in...
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Produced in partnership with Yvonne Evans, Law Lecturer, Solicitor (non-practising), TEP, University of Dundee 16th May
Practice notes
Creation of trusts in ScotlandExpress creation of trustsA trust is constituted expressly where the owner of property (the truster) transfers property...
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Produced in partnership with Yvonne Evans, Law Lecturer, Solicitor (non-practising), TEP, University of Dundee 16th May
Practice notes
Guide to the differences between a commercial property sale transaction in Scotland and England and WalesThis Practice Note considers the different...
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Produced in partnership with Rachel Oliphant of Pinsent Masons 15th May
Practice notes
Guide to the differences between commercial lease transactions in England and ScotlandThis Practice Note considers the different stages in lease...
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Produced in partnership with Rachel Oliphant of Pinsent Masons 15th May
Practice notes
Comparison of priority periods in England (official search with priority) against protected period in Scotland (advance notice)In property...
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Produced in partnership with Rachel Oliphant of Pinsent Masons 15th May
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 15th May
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 15th May
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 15th May
Practice notes
Money attachment in Scottish civil litigationThis Practice Note considers the position in Scotland. For guidance on:•the equivalent in England and...
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Produced in partnership with Julie Hamilton of MacRoberts LLP 15th May
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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15th May
Practice notes
Adjudication for debt in Scottish civil litigationThis Practice Note:•considers the position in Scotland. For guidance on:◦the equivalent in England...
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Produced in partnership with Julie Hamilton of MacRoberts LLP 15th May
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 Maclean of Insolvency Support Services 15th May
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 15th May
Practice notes
The Insolvency (Scotland) (Company Voluntary Arrangement and Administration) Rules 2018—administrationsFor the impact of Brexit on Scottish...
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Produced in partnership with Emma Widdowson of Addleshaw Goddard LLP 15th May
Practice notes
Scotland: process for pursuing—establishing apparent insolvency or an inability to pay debtsCoronavirus (COVID-19)/CIGA 2020This content is affected...
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Produced in partnership with Joan Devine and Rachael Bicknell of Addleshaw Goddard LLP 15th May
Practice notes
Scotland: members’ voluntary liquidation—application of Part 3 of the Insolvency (Scotland) Receivership and Winding) Up Rules 2018The Insolvency...
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Produced in partnership with Tim Cooper of Addleshaw Goddard and Eileen Margaret Maclean of Insolvency Support Services 15th May
Practice notes
Scotland: the process for applying for sequestrationFor the impact of Brexit on Scottish procedures, see Practice Note: Table showing impact of Brexit...
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Produced in partnership with James Lloyd of Harper Macleod LLP 15th May
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 Maclean of Insolvency Support Services 15th May
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 15th May

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