R&I in Scotland

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Practice notes
US bankruptcy financing—debtor-in-possession (DIP) financingDIP financing generallyDebtor-in-possession financing (DIP financing) is new,...
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Produced in partnership with Liz Downing of Skadden Arps Slate Meagher & Flom LLP 19th May
Practice notes
Joint office-holder appointmentsAll insolvency processes allow for the joint appointment of office-holders if required. Whether it is appropriate or...
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19th May
Practice notes
Roles, powers and duties of an administrative receiverWhat is an administrative receiver?The Insolvency Act 1986 (IA 1986) sets out what an...
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Produced in partnership with John Hughes of Shakespeare Martineau LLP 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
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
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
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
Transactions defrauding creditors—claims under section 423 of the Insolvency Act 1986It is possible for a claim to be brought under section 423 of the...
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19th May
Practice notes
Prohibited names under section 216 of the Insolvency Act 1986The purpose of section 216 of the Insolvency Act 1986Section 216 of the Insolvency Act...
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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

Most recent R&I in Scotland content

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 5th Jun
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 5th Jun
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 5th Jun
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 5th Jun
Practice notes
Coronavirus (COVID-19) implications for dispute resolution in ScotlandThis Practice Note provides guidance on how the Scottish civil courts are...
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5th Jun
Practice notes
Money attachment in Scottish civil litigationThis Practice Note considers the position in Scotland. For guidance on:•the equivalent in England and...
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Produced in partnership with Julie Hamilton of MacRoberts LLP 5th Jun
Precedents
R3 Standard Form COVID-19 CVA Proposal (SCOTLAND)IN THE MATTER OF [INSERT COMPANY NAME] (‘THE COMPANY’)IN THE MATTER OF THE INSOLVENCY ACT...
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5th Jun
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 5th Jun
Practice notes
Diligence against earnings in Scottish civil litigationThis Practice Note considers the position in Scotland. For guidance on:•the equivalent in...
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Produced in partnership with Lynsay Cargill of MacRoberts LLP 5th Jun
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 5th Jun
Practice notes
Attachment 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 5th Jun
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 5th Jun
Practice notes
Adjudication for debt in Scottish civil litigationThis Practice Note:•considers the position in Scotland. For guidance on:◦the equivalent in England...
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Produced in partnership with Julie Hamilton of MacRoberts LLP 5th Jun
Practice notes
Scottish civil recovery—process and procedureRecovery ordersThis Practice Note outlines the Scottish procedure for obtaining a civil recovery order...
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5th Jun
Practice notes
Virtual execution under Scots lawIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period...
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Produced in partnership with David Blair, Solicitor at Anderson Strathern 4th Jun
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 4th Jun
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 4th Jun
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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4th Jun
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 4th Jun
Practice notes
Execution of documents under Scots lawThe rules regarding execution of documents governed by the laws of Scotland are contained in:•the Requirements...
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Produced in partnership with David Blair, Solicitor at Anderson Strathern 4th Jun

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