Navigate the complexities of Scottish restructuring and insolvency with our expert guidance. Our resources offer practitioners detailed insights into local legislation, case law, and procedural nuances, ensuring you stay ahead in an ever-evolving landscape.
Restructuring & Insolvency analysis: The Family Court held that a declaration of trust transferring the former husband’s remaining UK property to his...
The Court of Session has issued Practice Note No 4 of 2026, setting a clearer framework for reporters appointed to assist the Court with insolvency...
The Institute of Chartered Accountants of Scotland (ICAS) has responded to HMRC consultation on modernising the taxation of company distributions and...
HM Courts and Tribunals Service (HMCTS) has published a collection of Business and Property Division forms which contains links to forms for use in...
Role, powers, functions and duties of a liquidatorThe role and function of a liquidatorA liquidator is the officer appointed when a company goes into...
Bonds and notesThe terms ‘bonds’ and ‘notes’ are used interchangeably (and there is no legal difference between the terms), though notes tend to be...
Bankruptcy searchesBankruptcy searches at the Land Charges DepartmentWhen a bankruptcy petition is presented by a creditor, the court shall as soon as...
Basic introduction to super senior, senior, mezzanine and junior debtThe range of funding options open to companies has exploded, resulting in a vast...
What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a
If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit
Can shares in a limited company that have not been paid-up at all be cancelled?A limited company having a share capital may not alter that share capital, except in the ways listed in section 617 of the Companies Act 2006 (CA 2006). Shares in a company cannot simply be cancelled without following an
Glossary—Latin legal termsDespite attempts in recent years to simplify the language used in legal cases, there are still a number of Latin phrases commonly used in personal injury claims. The following Latin phrases are listed in alphabetical order:Latin termDefinitionMeaningActa iure imperiiLegal
0330 161 1234