Scotland: personal insolvency

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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
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
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
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
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
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
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
Practice notes
IntroductionSet-off refers to claims that may be set-off against other claims. A set-off is the right of one party, Party A, who is owed money by...
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Produced in partnership with South Square and BDO LLP 12th Jan
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
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
This Practice Note looks at independent business reviews (IBRs) and aims to:•provide high level guidance around an IBR•identify when an IBR may be...
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Produced in partnership with Allan Kelly of RSM 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 contains guidance on subjects impacted by the Coronavirus Act 2020 and related changes to court procedures and...
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Produced in partnership with South Square and BDO LLP 12th Jan

Most recent Scotland: personal insolvency content

Practice notes
This Practice Note relates to insolvent partnerships and limited partnerships in Scotland, by which it is meant:•ordinary partnerships: with a...
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Produced in partnership with Tim Cooper of Addleshaw Goddard 29th Apr
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 Apr
Practice notes
This Practice Note provides guidance on how the Scottish civil courts are responding to and operating during the coronavirus (COVID-19) pandemic,...
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26th Apr
Practice notes
This is a glossary of common words and expressions used in Scottish insolvency law with the nearest England and Wales insolvency law equivalent (where...
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9th Apr
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 22nd Mar
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 19th Mar
Practice notes
This Practice Note introduces the key implications that property practitioners in Scotland should consider in relation to the coronavirus pandemic,...
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19th Mar
Practice notes
Trust deeds have, for many years, been utilised by debtors as a means of reaching a compromise with their creditors as an alternative to formal...
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Produced in partnership with James Lloyd of Harper Macleod 19th Mar
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 9th Mar
Practice notes
The Debt Arrangement Scheme (DAS) is a statutory scheme that is designed to allow certain categories of debtor to repay their debts over an extended...
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Produced in partnership with James Lloyd of Harper Macleod LLP 9th Mar
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 9th Mar
Practice notes
In the majority of sequestrations where the debtor has assets these will include the debtor's home (see Practice Note: Scotland: the process for...
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Produced in partnership with James Lloyd of Harper Macleod LLP 9th Mar
Practice notes
The office of the Accountant in Bankruptcy (AiB) was created by section 156 of the Bankruptcy (Scotland) Act 1856 . Previously, the functions of the...
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Produced in partnership with James Lloyd of Harper Macleod LLP 9th Mar
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 9th Mar
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 9th Mar
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 9th Mar
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 9th Mar
Practice notes
Recovery ordersThis Practice Note outlines the Scottish procedure for obtaining a civil recovery order under the Proceeds of Crime Act 2002 (POCA...
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Produced in partnership with Craig Kennedy of Dentons UK and Middle East LLP 9th Mar
Precedents
1Individual1.1Individual or sole trader party designation clause[insert full name of party] of [trading as [insert trading name]] of [insert address]...
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Produced in partnership with Rachel Oliphant of Pinsent Masons 12th Feb

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