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

Supreme Court delivers judgment on dishonest assistance liability in breach of fiduciary duties case (Stevens v Hotel Portfolio II UK Ltd (in liquidation) and another)

The Supreme Court has allowed an appeal by a majority (Lord Burrows dissenting) affirming that a defendant is liable in dishonest assistance for assisting a fiduciary who has made unauthorised profits in breach of their fiduciary duties to dissipate those profits to the detriment of the company. James Pickering KC, barrister at Enterprise Chambers, Christopher Parker KC, barrister at Maitland Chambers, and Eleanor Temple KC, barrister at Kings Chambers, comment on the implications of the judgment.

Government consults on proposed reforms to the NSI Act 2021 mandatory notification regime

The UK government has launched a consultation on proposed changes to the National Security and Investment Act 2021 (Notifiable Acquisition) (Specification of Qualifying Entities) Regulations 2021, which defines the scope of mandatory notification requirements under the National Security and Investment Act 2021 (NSI Act).

Restructuring and Insolvency weekly highlights—24 July 2025

This week's edition of Restructuring and Insolvency weekly highlights includes: an analysis of the Supreme Court’s decision affirming that a defendant is liable in dishonest assistance for assisting a fiduciary who has made unauthorised profits in breach of their fiduciary duties to dissipate those profits to the detriment of the company (Stevens v Hotel Portfolio II UK Ltd), the Court of Appeal’s decision in a matter where property rights may be affected in applications for recognition of foreign bankruptcy proceedings (Vesnin v Queeld Ventures Ltd), a look at the applicability of the equity of exoneration (Armstrong v Harrow), plus a round-up of other news and cases for restructuring and insolvency professionals.

Scotland’s AiB publishes insolvency statistics for Q1 2025–26

The Accountant in Bankruptcy (AiB) has published official statistics on statutory debt solutions and company insolvencies in Scotland for the first quarter (Q1) of the financial year 2025–26. The AiB recorded 1,935 personal insolvencies, 119 less than in the same quarter the previous year. The data further shows that 739 bankruptcies were awarded, 4.7% lower than in the same quarter in 2025–26.

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