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    Six-month relief for Scotland's financially distressed individuals, partnerships and trusts
    2020-04-16

    It is perhaps not as well-known as it should be that the Bankruptcy (Scotland) Act 2016 sections 195 – 198 provides a six-week moratorium – effectively a postponement or period of protection from action to recover debts - to individuals, partnerships and trusts facing financial distress or liquidity issues.

    The moratorium provides breathing space to allow parties to be protected from their creditors while they take advice and consider what debt relief options might be available to them.

    A party can normally apply for the moratorium once in any 12-month period.

    Filed under:
    United Kingdom, Scotland, Insolvency & Restructuring, Litigation, Brodies LLP, Coronavirus
    Authors:
    Lucy McCann , Iain Penman
    Location:
    United Kingdom
    Firm:
    Brodies LLP
    What about employer insolvency? Escrow agreements in construction
    2020-03-02

    Insolvency in the construction industry is not just isolated to contractors, sub-contractors and consultants. Industry and economic pressures can affect all parties, including at times employers, therefore it is equally important for contractors to carry out due diligence when bidding for projects and to consider contractual mechanisms that can be put in place to protect against non-payment by the employer and insolvency risks.

    Filed under:
    United Kingdom, Construction, Insolvency & Restructuring, Brodies LLP, General contractor, Due diligence
    Authors:
    Jane McMonagle , Harriet Rutherford
    Location:
    United Kingdom
    Firm:
    Brodies LLP
    COVID-19: Suspension of wrongful trading rules
    2020-01-04

    Wrongful trading rules, which can result in directors being personally liable for losses incurred as a result of continued trading, are being temporarily suspended in recognition of the large number of businesses being impacted by COVID-19. While this news will be welcomed by businesses across the UK, directors should not be complacent about their responsibilities.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Brodies LLP, Coronavirus
    Authors:
    Lucy McCann , Iain Penman , Shirley Li-Ting , Louise Laing
    Location:
    United Kingdom
    Firm:
    Brodies LLP
    Scottish corporate insolvency: no more having your cake and eating it
    2019-12-16

    For many years an insolvent company’s creditors have had their cake and eaten it where a gratuitous alienation for inadequate consideration has been successfully challenged.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Brodies LLP, Insolvency Act 1986 (UK)
    Authors:
    Lindsay Lee
    Location:
    United Kingdom
    Firm:
    Brodies LLP
    When Katie can’t pay the Price: Would Jordan have been better off in Scotland?
    2019-12-12

    Back in the late 1990’s the ubiquitous Katie Price t/a Jordan was at the height of her fame, gracing the pages of our tabloids, gentlemen’s publications such as Loaded and FHM and perhaps the odd bedroom wall of a rather poor Law student. It was reported at the time she had a net worth of around £45million.

    In December 2018 with her finances now somewhat diminished, Katie entered into an Individual Voluntary Arrangement (“IVA”) with her creditors. In November this year she was made bankrupt for failing to comply with the same.

    Filed under:
    United Kingdom, Scotland, Insolvency & Restructuring, Brodies LLP
    Authors:
    Eoghann Green
    Location:
    United Kingdom
    Firm:
    Brodies LLP
    Insolvency: a high, but not absolute bar, to adjudication enforcement
    2019-11-27

    Meadowside Building, Development Ltd (In Liquidation) V 12-18 Hill Street Management Company Ltd [2019] EWHC 2651 (TCC)

    INTRODUCTION

    Filed under:
    United Kingdom, Construction, Insolvency & Restructuring, Litigation, Brodies LLP
    Authors:
    Christopher Duff , Kirsty Shaw
    Location:
    United Kingdom
    Firm:
    Brodies LLP
    Airline insolvency: will the Thomas Cook situation change UK passenger protection procedures?
    2019-10-11

    The liquidation of Thomas Cook Group last month – and the ensuing cancellation of all flights and repatriation of 140,000+ customers – has prompted fresh scrutiny of the UK’s approach to airline insolvency.

    Filed under:
    United Kingdom, Aviation, Insolvency & Restructuring, Brodies LLP, Civil Aviation Authority (UK)
    Authors:
    Lucy McCann , Amy McVey
    Location:
    United Kingdom
    Firm:
    Brodies LLP
    HMRC’s new “secondary preferential” status - draft legislation published
    2019-07-12

    Back in March, we highlighted the launch of a consultation following the UK government’s proposal to introduce a new “secondary preferential” status for HMRC. Further details of the proposal can be found here : HMRC launches consultation on new “secondary preferential” status.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Tax, Brodies LLP, HM Revenue and Customs (UK)
    Authors:
    Amy McVey
    Location:
    United Kingdom
    Firm:
    Brodies LLP
    Appointing Administrators - Don’t forget the basics
    2019-05-17

    As the insolvency profession in Scotland continues to get to grips with the new corporate insolvency rules, Re Sprout Land Holdings Ltd (in Administration) serves as a timely reminder not to forget the basics when dealing with the appointment of administrators by the directors of a company.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Brodies LLP, Companies Act 2006 (UK), Enterprise Act 2002 (UK)
    Authors:
    Louise Laing
    Location:
    United Kingdom
    Firm:
    Brodies LLP
    Bankruptcy (Scotland) Act 2016
    2016-06-08

    The Bankruptcy (Scotland) Act 2016 (the “Act”) received Royal Assent on 28 April 2016 and is expected to come into force by the end of the year.

    The Act is only the second piece of primary consolidation legislation to have passed through the Scottish Parliament and brings together the various laws on personal insolvency into a single piece of legislation.

    At the moment, the law is rather unwieldy and difficult to follow in practice.

    Filed under:
    United Kingdom, Scotland, Insolvency & Restructuring, Brodies LLP, Bankruptcy
    Authors:
    Louise Laing
    Location:
    United Kingdom
    Firm:
    Brodies LLP

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