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Scotland: execution and contractual issues

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Latest Restructuring & Insolvency News

A transfer of assets by a company cannot necessarily be ascribed to its sole owner or controller for the purposes of section 423 of the Insolvency Act 1986 (Invest Bank v El-Husseini)

A transfer of assets by a company cannot necessarily be ascribed to its sole owner or controller for the purposes of section 423 of the Insolvency Act 1986 (Invest Bank v El-Husseini)

A transfer of assets by a company cannot necessarily be ascribed to its sole owner or controller for the purposes of section 423 of the Insolvency Act 1986 (Invest Bank v El-Husseini)

Restructuring & Insolvency weekly highlights—26 May 2022

Restructuring & Insolvency weekly highlights—26 May 2022

The following Restructuring & Insolvency news provides comprehensive and up to date legal information on Restructuring & Insolvency weekly highlights—26 May 2022

European Commission's further plans for harmonisation of insolvency laws

European Commission's further plans for harmonisation of insolvency laws

The following Banking & Finance news provides comprehensive and up to date legal information on European Commission's further plans for harmonisation of insolvency laws

Russia limits transactions with shares received upon cancellation of depositary receipts programs

Russia limits transactions with shares received upon cancellation of depositary receipts programs

The following Restructuring & Insolvency news provides comprehensive and up to date legal information on Russia limits transactions with shares received upon cancellation of depositary receipts programs

Featured Restructuring & Insolvency content

Recapitalisations

Recapitalisations

RecapitalisationsThe term 'recapitalisation' refers to a company changing the proportions of its debt and equity, something which can be achieved in a...

The Loan Market Association

The Loan Market Association

The Loan Market AssociationAims of the Loan Market AssociationThe Loan Market Association (LMA) was established in 1996 as a trade body with a key...

Understanding official copy entries from an enforcement point of view

Understanding official copy entries from an enforcement point of view

Understanding official copy entries from an enforcement point of viewThis Practice Note considers the review of official copy entries (commonly called...

Receivership—an introductory guide

Receivership—an introductory guide

Receivership—an introductory guideThe appointment of a receiver is a remedy for creditors and certain third parties to protect their interest in...

Practice notes

Future debts, contingent debts, secured debts—the position under the Insolvency (England and Wales) Rules 2016

Future debts, contingent debts, secured debts—the position under the Insolvency (England and Wales) Rules 2016Provable debtsThe general rule as to...
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Produced in partnership with South Square Chambers 19th Apr
Practice notes

Scotland: the process for applying for sequestration

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 19th Apr
tag iconScottish Law
Practice notes

Comity and the court's inherent jurisdiction—application and effects

Comity and the court's inherent jurisdiction—application and effectsComityComity is the general common law principle that courts will recognise and...
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16th Nov
Practice notes

What effect does an insolvency process have on ongoing litigation and arbitration proceedings?

What effect does an insolvency process have on ongoing litigation and arbitration proceedings?This Practice Note discusses:•the effect of an...
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16th Nov
Q&As

What is the difference between an appeal and a review?

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...
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16th Nov
Practice notes

Key provisions of the financial collateral regulations

Key provisions of the financial collateral regulationsRationaleThe Financial Collateral Directive was first implemented in the UK under the Financial...
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16th Nov
Practice notes

The Temporary Insolvency Practice Direction Supporting the Insolvency Practice Direction (June 2021) [Archived]

The Temporary Insolvency Practice Direction Supporting the Insolvency Practice Direction (June 2021) [Archived]Background to the Temporary Insolvency...
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16th Nov
tag iconCOVID-19
Practice notes

Court-appointed receivers—when a court will appoint a receiver and who may be appointed

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 16th Nov
Practice notes

Interference with goods in an insolvency situation

Interference with goods in an insolvency situationApplication to insolvencyFollowing an appointment, an office-holder will need to establish what...
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16th Nov
Practice notes

The moratorium in administration

The moratorium in administrationThe moratorium is at the very heart of the administration process, which is seen as one of the key tools for a company...
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Produced in partnership with Kate Rogers of Radcliffe Chambers 19th Apr
Q&As

Joint LPA receivers have been appointed and one receiver wishes to resign. What is the impact on the remaining receiver’s appointment?

Joint LPA receivers have been appointed and one receiver wishes to resign. What is the impact on the remaining receiver’s appointment?There is no...
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16th Nov
Practice notes

Security Review—example structure chart

Security Review—example structure chartA structure chart showing the corporate structure of a borrower together with the security granted in favour of...
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16th Nov
Practice notes

Rejection of proof of debt—the position under the Insolvency (England and Wales) Rules 2016

Rejection of proof of debt—the position under the Insolvency (England and Wales) Rules 2016Insolvency (England and Wales) Rules 2016The rules...
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Produced in partnership with South Square Chambers 19th Apr
Precedents

Claim form (CPR Part 8) in respect of an application for a scheme of arrangement

Claim form (CPR Part 8) in respect of an application for a scheme of arrangement[IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS [OF ENGLAND...
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Produced in partnership with Geraldine Quirk of Bryan Cave Leighton Paisner 19th Apr
Practice notes

Secured creditors under a CVA—including effect on guarantees

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 Apr
Precedents

Witness statement in support of application for substituted service of a bankruptcy petition

Witness statement in support of application for substituted service of a bankruptcy petitionApplicant: [insert initials and surname]: 1st:...
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16th Nov

Popular documents

Judicial review—time limits and the pre-action protocol

Judicial review—time limits and the pre-action protocol

Judicial review—time limits and the pre-action protocolWhen considering whether and how to bring a claim for judicial review, the first step is to consider whether judicial review is be an appropriate means of addressing the issues raised by the case at hand. For further guidance, see Practice Note:

Issue of redeemable shares

Issue of redeemable shares

Issue of redeemable sharesA limited company that proposes to issue redeemable shares must comply with the provisions of the Companies Act 2006 (CA 2006).Why do companies issue redeemable shares?A company may wish to issue redeemable shares so that it has an alternative way to return surplus capital

SRA Code of Conduct for individuals and firms

SRA Code of Conduct for individuals and firms

SRA Code of Conduct for individuals and firmsThis Practice Note provides guidance on the SRA Codes of Conduct, contained in the SRA Standards and Regulations, in force from 25 November 2019. The SRA Standards and Regulations include two Codes of Conduct—a Code forSolicitors, RELs and RFLs and a Code

Mediation—advantages and disadvantages

Mediation—advantages and disadvantages

Mediation—advantages and disadvantagesWhat is mediation?Mediation is one of the most recognised and common forms of alternative dispute resolution (ADR).It is a form of assisted ADR in the sense that there is a third-party neutral involved who meets with the parties and seeks to help them in