There are significant differences in the procedures available to lenders north and south of the border when it comes to enforcing fixed charges or standard securities over real/heritable property. In this blog, we will compare the process in England & Wales ("E&W") of appointing a fixed charge or "LPA" receiver with the Scottish calling-up procedure

England & Wales: LPA receivers

The recent English High Court decision of Re Glam and Tan Ltd [2022] EWHC 855 (Ch) highlights the ways in which a director can be found liable, as well as the reasons why they may be relieved of responsibility for breaches of section 212 of the Insolvency Act 1986, which penalises delinquent directors and officers.

The legislation

Following the Coronavirus pandemic, the Scottish Government introduced two key Acts. The Coronavirus (Scotland) Act 2020 and the Coronavirus (Scotland) (No.2) Act 2020 - together, these Acts made two significant changes to personal insolvency in Scotland.

The 2020 Coronavirus (Scotland) Acts

This briefing note focuses on the solvent liquidation of non-regulated BVI companies.

The voluntary liquidation of a solvent BVI company is regulated by the BVI Business Companies Act, as amended (BCA). The BCA applies to all companies that have been incorporated, re-registered (whether voluntarily or automatically) or continued as BVI companies under the BCA.

Our recent updates have explained the rise in instances of fraud and the civil litigation options open to victims of fraudulent conduct.

The results of KPMG's Fraud Barometer showed a significant increase in fraud cases in 2021, confirming the general upward trend in this area. My colleagues recently prepared an update on the case of Hewlett Packard v Lynch, described as one of the most expensive and high profile fraud trials in recent history.

Abstract

Often, clients contact us about debts due to them, with the expectation that a lengthy and expensive court action will have to take place before they have a chance of recovering those funds. However, in the right circumstances, there may be another option available.

Summary diligence is a peculiarity of the Scottish legal system. The term "summary diligence" is used to refer to enforcement of certain legal rights based on a document (for example, a lease) rather than a court decree. It can be a useful tool for creditors to avoid the courtroom.

It has taken over 20 months, but we now have a reported decision from the High Court in England on the operation of the new moratorium provisions introduced by the Corporate Insolvency and Governance Act 2020. Sir Alastair Norris, sitting as a High Court judge, has rejected a creditor's attempt to bring a moratorium to an end following a monitors' decision not to terminate the moratorium.

This Spring will see the introduction of a number of landmark developments in Jersey’s statutory insolvency regimes, which will further solidify Jersey’s reputation as a leading offshore location for businesses.

Following a consultation process by government, the Jersey legislature has now approved a number of important changes to the corporate insolvency regimes under the Companies (Jersey) Law 1991 (the “CJL”).