R&I in Scotland

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Practice notes
Key elements of a standstill agreementWhen restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of...
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19th May
Practice notes
What is a pre-pack administration sale?Stop pressOn 8 October 2020, the Insolvency Service published the outcome of its review conducted into the...
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19th May
Practice notes
Role, powers, functions and duties of a trustee in bankruptcyThis Practice Note looks at the roles, powers, functions and duties of the trustee in...
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19th May
Practice notes
Statements of Insolvency Practice (SIPs)—a quick guideWhat are Statements of Insolvency Practice?Insolvency practitioners (IPs) are required to comply...
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19th May
Practice notes
Marshalling debtWhat is marshalling?Marshalling is where two or more creditors are owed money by the same debtor, and one creditor has more than one...
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Produced in partnership with Karen Jacobs of Dentons 19th May
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
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
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
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
The CVA proposal and procedure—the position under the Insolvency (England and Wales) Rules 2016The company voluntary arrangement (CVA) proposal will...
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Produced in partnership with KPMG and Lexa Hilliard QC of Wilberforce Chambers 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
Practice notes
Covenant waivers and resetsOne of the initial signs of distress is usually a covenant breach by the company. The lenders may agree to a simple waiver,...
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19th May
Practice notes
Basic introduction to super senior, senior, mezzanine and junior debtThe range of funding options open to companies has exploded, resulting in a vast...
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19th May

Most recent R&I in Scotland content

Practice notes
Scotland: insolvency of ordinary partnerships and limited partnershipsThis Practice Note relates to insolvent partnerships and limited partnerships in...
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Produced in partnership with Tim Cooper of Addleshaw Goddard 27th Jul
Practice notes
Scotland: officeholder remuneration in Scottish Corporate InsolvencyIntroduction and BackgroundThe Bankruptcy (Scotland) Act 1985 (B(S)A 1985) came...
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Produced in partnership with Eileen Margaret Maclean of Insolvency Support Services 27th Jul
Practice notes
Scotland: the Debt Arrangement SchemeThe Debt Arrangement Scheme (DAS) is a statutory scheme that is designed to allow certain categories of debtor to...
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Produced in partnership with James Lloyd of Harper Macleod LLP 27th Jul
Practice notes
Scotland: the process for applying for sequestrationFor the impact of Brexit on Scottish procedures, see Practice Note: Table showing impact of Brexit...
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Produced in partnership with James Lloyd of Harper Macleod LLP 27th Jul
Practice notes
The Insolvency (Scotland) (Company Voluntary Arrangement and Administration) Rules 2018 and The Insolvency (Scotland) (Receivership and Winding Up)...
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Produced in partnership with Eileen Margaret Maclean of Insolvency Support Services 27th Jul
Practice notes
Scotland: antecedent transactions by corporate debtorsSections 242 and 243 of the Insolvency Act 1986 (IA 1986) govern the two main antecedent...
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Produced in partnership with Tim Cooper and Emma Widdowson of Addleshaw Goddard LLP 27th Jul
Precedents
Style party designation and execution clauses—property—Scotland1Individual1.1Individual or sole trader party designation clause[insert full name of...
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Produced in partnership with Rachel Oliphant of Pinsent Masons 27th Jul
Precedents
COVID-19 Standard Conditions for Company Voluntary Arrangements (SCOTLAND)Part 1: Interpretation1Miscellaneous definitions1.1In the Arrangement,...
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23rd Jul
Precedents
Appendix 2: Amendments to R3 Standard Form COVID-19 CVA proposal (Scotland) for a debt waiverClause 3.5: replace 2nd sentence with ‘The Proposal, if...
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Produced in partnership with Tim Cooper and Matthew Finnie of Addleshaw Goddard LLP 23rd Jul
Precedents
Appendix 2: Amendments to R3 Standard Form COVID-19 CVA proposal (Scotland) for exit from administrationFront page: replace heading with: ‘IN THE...
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Produced in partnership with Tim Cooper and Matthew Finnie of Addleshaw Goddard LLP 23rd Jul
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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20th Jul
Practice notes
Rights of beneficiaries under Scottish lawGeneral nature of beneficiaries’ rightsThe right of the beneficiaries of a trust is generally considered in...
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Produced in partnership with Yvonne Evans of University of Dundee 13th Jul
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 12th Jul
Practice notes
Nature and classification of trusts—ScotlandDefinitionsIt is difficult to find a wholly satisfactory definition of ‘trust’, given the range of...
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Produced in partnership with Yvonne Evans of University of Dundee 9th Jul
Practice notes
Creation of trusts in ScotlandExpress creation of trustsA trust is constituted expressly where the owner of property (the truster) transfers property...
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Produced in partnership with Yvonne Evans of University of Dundee 9th Jul
Practice notes
Key differences in the law of contract between Scots and English lawScots contract law has in many ways become similar to its English counterpart...
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Produced in partnership with Morton Fraser 6th Jul
Practice notes
Brexit—implications for ScotlandIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered...
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Produced in partnership with Roy Martin QC and Denis Edwards of Terra Firma Chambers 28th Jun
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 22nd Jun
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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6th Jun
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 5th Jun

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