Scotland: security

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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: security 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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10th Sep
Practice notes
Floating charges—differences between Scots and English lawSTOP PRESS—Coronavirus (COVID-19) and registration of charges at Companies House: The...
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9th Sep
Practice notes
Scotland: set-off in the context of insolvencyIntroductionIn practice, the phrase ‘set off’ in Scotland is generally used as a generic term covering...
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Produced in partnership with Alan Sinclair of Addleshaw Goddard LLP 18th Aug
Practice notes
Registration of security created under Scots lawSTOP PRESS—Coronavirus (COVID-19) and registration of charges at Companies House: The content of this...
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Produced in partnership with Addleshaw Goddard 10th Aug
Practice notes
Taking security over land and buildings—differences between Scots and English lawSTOP PRESS—Coronavirus (COVID-19) and registration of charges at...
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Produced in partnership with Addleshaw Goddard 10th Aug
Practice notes
Taking security under Scots lawSTOP PRESS—Coronavirus (COVID-19) and registration of charges at Companies House: The content of this Practice Note is...
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Produced in partnership with Addleshaw Goddard 10th Aug
Practice notes
Scotland—cross border banking and finance guideLoan market and developmentsOverviewGenerally speaking, the loan market in Scotland has much in common...
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Produced in partnership with Shepherd and Wedderburn 10th 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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