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.
The LexisNexis Restructuring & Insolvency practical guidance team has published a new Practice Note: ‘Public examination of the bankrupt under section...
This week's edition of Restructuring & Insolvency weekly highlights includes: updates on the operational and reform priorities for the new Business...
Restructuring & Insolvency analysis: The High Court reviewed its order so that where rule 18.30 of the Insolvency (England and Wales) Rules 2016 (IR...
Restructuring & Insolvency analysis: Mr Justice Hildyard sanctioned inter-conditional Part 26A restructuring plans for TG Jones, using cross-class...
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...
Scotland: set-off in the context of insolvencyIntroductionIn practice, the phrase ‘set off’ in Scotland is generally used as a generic term covering the operation of certain principles which allow a debtor to resist a claim for payment against them (either partially or fully) on the basis of
If a rentcharge is shown as being informally exonerated on title information, does this apply to the current registered owner? Or does the informal exoneration only apply to the parties to the document which informally exonerated the rentcharge?This Q&A considers the situation where, at some point
Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a
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
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