Navigate the complexities of Scottish restructuring and insolvency with our expert guidance. Our resources offer practitioners detailed insights into local legislation, case law, and procedural nuances, ensuring you stay ahead in an ever-evolving landscape.
Dispute Resolution analysis: The High Court stayed English proceedings challenging an enforcement and distressed disposal until related New York...
This week's edition of Restructuring & Insolvency weekly highlights includes: the publication by R3 of its Quarterly Business Health Report for the...
Companies House has announced that 23 company directors were disqualified for a combined total of 70 years following successful prosecutions for...
The Insolvency Service has announced an 18.5-month custodial sentence against Peter Etherington, after he pleaded guilty to acting as a director of PP...
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...
Scotland: set-off in the context of insolvencyIntroductionIn practice, the phrase ‘set off’ in Scotland is generally used as a generic term covering the operation of certain principles which allow a debtor to resist a claim for payment against them (either partially or fully) on the basis of
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
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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