R&I in Scotland

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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
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
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
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
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
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
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
Creditors are often keen to establish proprietary claims as they create rights in rem (which attach to the property itself) rather than personal...
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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 covers receivers who are appointed by the court, including the circumstances in which a court will appoint a receiver and who may...
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Produced in partnership with John Hughes of Shakespeare Martineau LLP 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
BrexitBREXIT: The UK is leaving the EU on Exit Day (as defined in the European Union (Withdrawal) Act 2018). This has an impact on this Practice Note....
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9th Nov
Practice notes
DIP financing generallyDebtor-in-possession financing (DIP financing) is new, post-petition financing provided to a debtor in a bankruptcy case. The...
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Produced in partnership with Liz Downing of Skadden Arps Slate Meagher & Flom LLP 12th Jan
Practice notes
What is a misfeasance claim under section 212 of the Insolvency Act 1986?Claims commenced under section 212 of the Insolvency Act 1986 (IA 1986) are...
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9th Nov
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 contains guidance on subjects impacted by the Coronavirus Act 2020 and related changes to court procedures and...
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9th Nov

Most recent R&I in Scotland content

Practice notes
For any insolvency process to operate effectively, it is essential the person appointed to wind-up the insolvent estate has powers that enable them to...
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Produced in partnership with James Lloyd of Harper Macleod 27th Jan
Practice notes
For the impact of Brexit on Scottish procedures, see Practice Note: Table showing impact of Brexit on jurisdiction to commence...
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Produced in partnership with Kirsten Fleming of Addleshaw Goddard LLP 27th Jan
Practice notes
Scots contract law has in many ways become similar to its English counterpart despite their different roots. Some English law concepts, such as undue...
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Produced in partnership with Morton Fraser LLP 27th Jan
Practice notes
This Practice Note considers the position in Scotland. For guidance on:•other forms of diligence in Scottish civil procedure, see Practice Note:...
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Produced in partnership with Julie Hamilton of MacRoberts LLP 26th Jan
Practice notes
This Practice Note considers the position in Scotland. For guidance on:•the equivalent in England and Wales, see: Introduction to enforcement—overview...
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Produced in partnership with Julie Hamilton of MacRoberts LLP 26th Jan
Practice notes
This Practice Note considers the position in Scotland. For guidance on:•other forms of diligence in Scottish civil procedure, see Practice Note:...
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Produced in partnership with Julie Hamilton of MacRoberts LLP 26th Jan
Practice notes
This Practice Note considers the position in Scotland. For guidance on:•the equivalent in England and Wales, see: Introduction to enforcement—overview...
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Produced in partnership with Lynsay Cargill of MacRoberts LLP 26th Jan
Practice notes
This Practice Note:•considers the position in Scotland. For guidance on:◦the equivalent in England and Wales, see: Introduction to...
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Produced in partnership with Julie Hamilton of MacRoberts LLP 26th Jan
Practice notes
This table below contains an archive of news analysis on Scotland and Scots law developments of general application and those which affect various...
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26th Jan
Practice notes
Members of the public are normally welcome to visit the courts and tribunals in Scotland for many reasons, including to support those involved with...
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25th Jan
Practice notes
For the impact of Brexit on Scottish procedures, see Practice Note: Table showing impact of Brexit on jurisdiction to commence...
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Produced in partnership with Tim Cooper of Addleshaw Goddard 22nd Jan
Practice notes
For the impact of Brexit on Scottish procedures, see Practice Note: Table showing impact of Brexit on jurisdiction to commence...
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Produced in partnership with James Lloyd of Harper Macleod LLP 19th Jan
Practice notes
STOP PRESS—Coronavirus (COVID-19) and registration of charges at Companies House: The content of this Practice Note is affected by the Companies etc...
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Produced in partnership with Addleshaw Goddard 17th Jan
Practice notes
STOP PRESS—Coronavirus (COVID-19) and registration of charges at Companies House: The content of this Practice Note is affected by the Companies etc...
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Produced in partnership with Addleshaw Goddard 17th Jan
Practice notes
STOP PRESS—Coronavirus (COVID-19) and registration of charges at Companies House: The content of this Practice Note is affected by the Companies etc...
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Produced in partnership with Addleshaw Goddard 17th Jan
Practice notes
Express creation of trustsA trust is constituted expressly where the owner of property (the truster) transfers property to trustees to hold for...
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Produced in partnership with Yvonne Evans, Law Lecturer, Solicitor (non-practising), TEP, University of Dundee 15th Jan
Practice notes
DefinitionsIt is difficult to find a wholly satisfactory definition of ‘trust’, given the range of situations where trusts arise.The trust does not...
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Produced in partnership with Yvonne Evans, Law Lecturer, Solicitor (non-practising), TEP, University of Dundee 15th Jan
Practice notes
General nature of beneficiaries’ rightsThe right of the beneficiaries of a trust is generally considered in Scots law to be only a personal right, but...
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Produced in partnership with Yvonne Evans, Law Lecturer, Solicitor (non-practising), TEP, University of Dundee 15th Jan
Practice notes
The Insolvency (Scotland) (Company Voluntary Arrangements and Administration) Rules 2018, SI 2018/1082 and Insolvency (Scotland) (Receivership and...
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Produced in partnership with Tim Cooper of Addleshaw Goddard 15th Jan
Practice notes
Coronavirus (COVID-19)/CIGA 2020This content is affected by the coronavirus (COVID-19) pandemic. For further details, take a look at our Coronavirus...
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Produced in partnership with Joan Devine and Rachael Bicknell of Addleshaw Goddard LLP 15th Jan

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