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    Use it or Lose it? - Gift Vouchers and Retailer Insolvency
    2017-03-09

    Gift vouchers are often considered an easy and convenient option when purchasing gifts for friends and family. For the relative with unusual taste, the friend who lives in another part of the UK or the husband and wife to be who already have everything, a gift voucher may appear to be the ideal gift. But what happens if, before the recipient has the opportunity to redeem the voucher, the relevant retailer becomes insolvent?

    In terms of current insolvency law consumers are ordinary creditors who rank at the bottom of the statutory hierarchy of creditors.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Brodies LLP, Unsecured debt
    Authors:
    Louise Laing
    Location:
    United Kingdom
    Firm:
    Brodies LLP
    Bankruptcy: New Legislation in Scotland
    2016-12-01

    The Bankruptcy (Scotland) Act 2016 came into force yesterday, 30 November 2016, together with other consequential amendments and changes to the Court Rules which relate to bankruptcy in Scotland.

    Filed under:
    United Kingdom, Scotland, Insolvency & Restructuring, Brodies LLP
    Authors:
    Laura Borland
    Location:
    United Kingdom
    Firm:
    Brodies LLP
    Damages actions against insolvent companies and insurance
    2016-10-13

    When considering whether or not to bring a legal action, it is important to establish if it is competent and commercially worthwhile to do so. The ability to bring, or continue with, legal proceedings against a company can be restricted if that company enters into a formal insolvency process. The position of creditors may be improved now that the Third Party (Rights Against Insurers) Act 2010 has at last been brought into force.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Insurance, Litigation, Brodies LLP
    Authors:
    Lucy McCann
    Location:
    United Kingdom
    Firm:
    Brodies LLP
    CREDO - Banking and finance update September 2016, Kilting Corner
    2016-09-20

    Bankruptcy made clearer: One of the bastions of old-style Scots terminology, guaranteed to perplex Southern audiences, is the law of bankruptcy in Scotland as it applies to individuals and assorted others.

    But maybe for no longer. The Bankruptcy (Scotland) Act 2016 has reached the statute book. It’s a consolidating act, encompassing statutes from 1985, 1993, 2002, 2007, 2012 and 2014. It introduces a new and fairly modern framework, the aim being to make it less cumbersome and easier to use by those who do not have intimate knowledge of it (most of us!).

    Filed under:
    United Kingdom, Scotland, Insolvency & Restructuring, Brodies LLP
    Authors:
    Pamela Atkinson , Fiona Cameron
    Location:
    United Kingdom
    Firm:
    Brodies LLP

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