Scotland: property issues

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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
DIP financing generallyDebtor-in-possession financing (DIP financing) is new, post-petition financing provided to a debtor in a bankruptcy case. The...
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Produced in partnership with Liz Downing of Skadden Arps Slate Meagher & Flom 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
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
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
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
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
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
One of the initial signs of distress is usually a covenant breach by the company. The lenders may agree to a simple waiver, which cures a temporary...
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9th Nov
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
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
A popular restructuring method is a debt for equity swap; financial creditors receive equity in the restructured vehicle in return for reducing or...
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9th Nov
Practice notes
Senior creditors will ensure that in addition to having higher security rights over junior creditors, juniors are also subordinated to them.Generally...
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9th Nov
Practice notes
The primary function of office-holders in personal and corporate insolvency is to collect in the assets belonging to a company or individual and to...
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9th Nov
Practice notes
Statutory declaration of solvencyA company enters voluntary liquidation when the members of the company vote to do so by a special resolution. For...
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Produced in partnership with Robert Smailes of Leonard Curtis Business Solutions Group & Simon Hunter of Three Stone 12th Jan
Practice notes
STOP PRESS: The Corporate Insolvency and Governance Act 2020 contains provisions which, on a temporary basis (presently until 31 December 2020) impose...
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Produced in partnership with Eleanor Holland and Karl Anderson of 4 Stone Buildings 12th Jan

Most recent Scotland: property issues content

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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12th May
Practice notes
Coronavirus (COVID-19): The Coronavirus (Scotland) Act 2020 (C(S)A 2020) introduced provisions to facilitate fully digital submission of Advance...
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Produced in partnership with Gary Donaldson of Millar & Bryce 15th Apr
Practice notes
This Practice Note considers the different stages in transactions for the sale of commercial property in England and Wales compared to those in...
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Produced in partnership with Rachel Oliphant of Pinsent Masons 15th 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
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
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
Assignation and sublettingAssignation and subletting are two options which a tenant may use to introduce a new tenant into the lease arrangement. The...
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Produced in partnership with Rebecca Roberts of DLA Piper Scotland LLP 9th Mar
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation, guidance and changes to practice and procedure have been introduced, which affect...
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Produced in partnership with Alistair Drummond of DLA Piper 9th Mar
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation, guidance and changes to practice and procedure have been introduced, which affect...
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Produced in partnership with Alistair Drummond of DLA Piper 9th Mar
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation, guidance and changes to practice and procedure have been introduced, which affect...
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Produced in partnership with Gavin Deeprose of DLA Piper and Alistair Drummond of DLA Piper 9th Mar
Practice notes
This Practice Note considers the different stages in lease negotiations for commercial property in England and Wales compared to those in Scotland, at...
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Produced in partnership with Rachel Oliphant of Pinsent Masons 9th Mar
Practice notes
In property transactions the person buying, leasing or taking security over a property will check the title for the property before they proceed with...
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Produced in partnership with Rachel Oliphant of Pinsent Masons 9th Mar
Practice notes
Searches are an essential part of the examination of any heritable title in Scotland and no conveyance can safely settle without them. The content of...
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Produced in partnership with Gary Donaldson of Millar & Bryce 9th Mar

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