Scotland: personal insolvency

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Acknowledging the importance of Scottish insolvency law to our customers we have developed a set of content on Scottish insolvency law for Scottish practitioners. The content provides an essential resource for Scottish practitioners while the guidance about the differences between insolvency law in Scotland and England and Wales will assist practitioners in England and Wales in cross-border transactions where it is necessary to have an understanding of insolvency law in Scotland.

Scotland collection

The Scotland collection is a research tool collating guidance on key areas of law that are specifically relevant to Scotland. The collection brings together Scots-law content from across a number of practice areas and includes links to Practice Notes, Checklists and Q&As as well as legal articles and analysis on legal issues directly affecting Scotland. See: Scotland collection.

The experts and market standard

The scope and content of the Scottish insolvency law topic is being developed in collaboration with leading experts in Scottish insolvency practice:

  1. •

    David Menzies of ICAS (Institute of Chartered Accountants Scotland)

  2. •

    Tim Cooper of Addleshaw Goddard LLP

  3. •

    James Lloyd of Harper Macleod LLP

  4. •

    Eileen Maclean of Insolvency

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Latest Restructuring & Insolvency News

European Parliament approves harmonised insolvency rules for EU companies

The European Parliament has approved a directive introducing harmonised insolvency rules for EU companies, endorsing a provisional agreement reached with Member States in November 2025. The directive enhances insolvency practitioners’ access to beneficial ownership registers and national databases for asset tracing and introduces EU-wide pre-pack proceedings. It provides for three-month clawback periods for preferential creditor transactions. The rules also strengthen directors’ obligations to file for insolvency within three months and enable the establishment of creditors’ committees and simplified winding-up procedures for microenterprises. The directive will enter into force 20 days after publication in the Official Journal, following formal member state approval.

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The LexisNexis Restructuring & Insolvency practical guidance team has published a new Practice Note—‘Challenge to administrator’s conduct of the company under paragraph 74 of Schedule B1 to the Insolvency Act 1986—key cases’. This Practice Note sets out certain key cases and associated relevant content in relation to the challenge of an administrator’s conduct of the company under paragraph 74 of Schedule B1 to the Insolvency Act 1986 on the basis that the administrator is acting, has acted or proposes to act so as to unfairly harm the interests of a member or creditor of the company.

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