Scotland: property issues

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Practice notes
Interference with goods in an insolvency situationApplication to insolvencyFollowing an appointment, an office-holder will need to establish what...
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19th May
Practice notes
Role, powers, functions and duties of a liquidatorCoronavirus (COVID-19)This content is affected by the coronavirus (COVID-19) pandemic. For further...
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19th May
Practice notes
The deemed consent procedure, decision-making procedure, and meetings—the position under the Insolvency (England and Wales) Rules 2016The Insolvency...
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Produced in partnership with Richard Bowles 19th May
Practice notes
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 May
Practice notes
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 19th May
Practice notes
Practice Direction on Insolvency ProceedingsCoronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and...
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19th May
Practice notes
Effect on proceedings against a company being wound up and after a winding-up order is madeCoronavirus (COVID-19)This content contains guidance on...
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Produced in partnership with Eleanor Holland and Karl Anderson of 4 Stone Buildings 19th May
Practice notes
Coronavirus (COVID-19)—Changes to the court process in insolvency proceedingsThe UK Government’s policy of social distancing in order to slow the...
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19th May
Q&As
Can a claim be made against a company for trading whilst insolvent? If the company is conducting litigation, does this constitute ‘trading’? If so,...
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19th May
Practice notes
Annulment of bankruptcy ordersThis Practice Note looks at the annulment of bankruptcy orders under section 282 of the Insolvency Act 1986 (IA 1986)...
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19th May
Practice notes
Equitable charges v legal charges—impact on saleabilityThis Practice Note considers the position of a security holder who has an equitable mortgage or...
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Produced in partnership with Jonathan Titmuss of Hardwicke 19th May
Practice notes
Bankruptcy petitions—process and procedureBefore the hearing of the creditors’ bankruptcy petition takes place, there are a number of steps that must...
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19th May
Practice notes
Compulsory winding up of a company—the process and procedureSTOP PRESS: The Corporate Insolvency and Governance Act 2020 contains provisions which, on...
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Produced in partnership with Eleanor Holland and Karl Anderson of 4 Stone Buildings 19th May
Practice notes
Wrongful trading claims under sections 214 and 246ZB of the Insolvency Act 1986What is wrongful trading?Wrongful trading is a claim which arises under...
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19th May
Practice notes
A guide to independent business reviewsThis Practice Note looks at independent business reviews (IBRs) and aims to:•provide high level guidance around...
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Produced in partnership with Allan Kelly of RSM 19th May

Most recent Scotland: property issues content

Practice notes
Adjudication for debt in Scottish civil litigationThis Practice Note considers the current position on adjudication for debt in Scottish civil...
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Produced in partnership with Julie Hamilton of MacRoberts LLP 13th Sep
Practice notes
Inhibition in Scottish civil litigationThis Practice Note considers the position in Scotland. For guidance on:•other forms of diligence in Scottish...
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Produced in partnership with Julie Hamilton of MacRoberts LLP 13th Sep
Practice notes
Coronavirus (COVID-19)—Scotland trackerThis table below contains an archive of news analysis on Scotland and Scots law developments of general...
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10th Sep
Practice notes
Recovering rent, arrears and rates considerations in ScotlandCoronavirus (COVID-19): During the current pandemic, legislation, guidance and changes to...
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Produced in partnership with Gavin Deeprose of DLA Piper and Alistair Drummond of DLA Piper 18th Aug
Practice notes
Disputes in assignation and subletting leases in ScotlandAssignation and sublettingAssignation and subletting are two options which a tenant may use...
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Produced in partnership with Rebecca Roberts of DLA Piper Scotland LLP 13th Aug
Practice notes
Enforcing standard security Scotland—voluntary surrender, court proceedings and insolvency processesCoronavirus (COVID-19): During the current...
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Produced in partnership with Alistair Drummond of DLA Piper 13th Aug
Practice notes
Enforcing standard security Scotland—default events, creditor’s rights and service of noticesCoronavirus (COVID-19): During the current pandemic,...
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Produced in partnership with Alistair Drummond of DLA Piper 13th Aug
Practice notes
A guide to land registration and the sasine register in ScotlandCoronavirus (COVID-19): The Coronavirus (Scotland) Act 2020 (C(S)A 2020) introduced...
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Produced in partnership with Gary Donaldson of Millar & Bryce 10th Aug
Practice notes
Guide to the differences between a commercial property sale transaction in Scotland and England and WalesThis Practice Note considers the different...
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Produced in partnership with Rachel Oliphant of Pinsent Masons 10th Aug
Practice notes
Investigating title in Scotland—searches and enquiries—the basicsSearches are an essential part of the examination of any heritable title in Scotland...
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Produced in partnership with Gary Donaldson of Millar & Bryce 10th Aug
Practice notes
Coronavirus (COVID-19)—property in ScotlandThis Practice Note introduces the key implications that property practitioners in Scotland should consider...
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10th Aug
Practice notes
Comparison of priority periods in England (official search with priority) against protected period in Scotland (advance notice)In property...
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Produced in partnership with Rachel Oliphant of Pinsent Masons 10th Aug
Practice notes
Guide to the differences between commercial lease transactions in England and ScotlandThis Practice Note considers the different stages in lease...
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Produced in partnership with Rachel Oliphant of Pinsent Masons 9th Aug
Practice notes
Glossary of Scottish insolvency words and expressionsThis is a glossary of common words and expressions used in Scottish insolvency law with the...
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30th Jul

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