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    Stanford International Bank, the saga rumbles on
    2021-11-10

    In September 2020, I wrote a piece on the above case in the Chancery Division of the High Court, which can be found here and here.

    Filed under:
    United Kingdom, Scotland, Banking, Insolvency & Restructuring, Litigation, Morton Fraser MacRoberts, HSBC
    Authors:
    Ross Caldwell
    Location:
    United Kingdom
    Firm:
    Morton Fraser MacRoberts
    Increase in Scottish Corporate Insolvency
    2021-11-04

    The latest insolvency statistics have now been released by the Insolvency Service and the Accountant in Bankruptcy ("AiB").

    The AiB is responsible for the devolved elements of corporate insolvency, which is limited to liquidation and receivership. The Insolvency Service on the other hand records details on matters for which responsibility is retained at Westminster, being administration and CVAs.

    Filed under:
    United Kingdom, Scotland, Insolvency & Restructuring, Litigation, Tax, Brodies LLP, Coronavirus, HM Revenue and Customs (UK)
    Authors:
    Iain Penman
    Location:
    United Kingdom
    Firm:
    Brodies LLP
    Invoice Finance in Scotland
    2021-10-05

    Any funder offering invoice finance facilities in the UK whose borrowers have (or may in the future have) debtors with a Scottish connection should be aware of the different rules applicable to invoice finance in Scotland.  

    Scots law is less user-friendly to invoice financiers than English law, and the following is a brief, high level guide to some of the key issues to consider in invoice finance transactions which involve Scottish debts or debtors.

    When is Scots law relevant?

    Filed under:
    United Kingdom, Scotland, Insolvency & Restructuring, Litigation, Morton Fraser MacRoberts
    Authors:
    Beverley Wood , Laura Purves
    Location:
    United Kingdom
    Firm:
    Morton Fraser MacRoberts
    Court clarifies whether immunity from suit extends to an examinee questioned under section 236 of the Insolvency Act 1986
    2021-09-17

    The Court of Appeal has overturned a decision of the High Court on whether immunity from suit, generally afforded to participants in court proceedings, extends to an examinee during an examination conducted under section 236 of the Insolvency Act 1986 ("Section 236").

    Filed under:
    United Kingdom, Scotland, England & Wales, Insolvency & Restructuring, Litigation, Brodies LLP, Defamation, Countervailing duties, Liquidation, Liquidator (law), Winding-up, Insolvency Act 1986 (UK), High Court judge (England and Wales), Court of Appeal of England & Wales
    Authors:
    Andrew Scott
    Location:
    United Kingdom
    Firm:
    Brodies LLP
    What directors need to think about as Government protections to prevent insolvency wind down
    2021-09-13

    At the end of September, Government protections that were designed to prevent a flood of insolvencies are set to be lifted. Specifically, the suspension of the provisions around wrongful trading will be over and creditors can once again seek to put companies who owe them money into liquidation. 

    Filed under:
    United Kingdom, Scotland, Company & Commercial, Insolvency & Restructuring, Morton Fraser MacRoberts, HM Revenue and Customs (UK)
    Authors:
    Nicola Ross
    Location:
    United Kingdom
    Firm:
    Morton Fraser MacRoberts
    Amendment to the restrictions on winding up petition
    2021-09-10

    UK Government introduces a temporary increase to minimum debt level required for a winding up petition

    Restrictions have been in place since the start of the pandemic to prevent creditors taking steps to wind up debtor companies. Those restrictions are due to expire on September 30, 2021. To lessen the risk of October seeing a mass rush by creditors seeking to wind up their debtors, the UK Government has introduced a further temporary measure in connection with liquidation petitions.

    Filed under:
    United Kingdom, Scotland, Company & Commercial, Insolvency & Restructuring, Morton Fraser MacRoberts, Coronavirus, Microsoft
    Authors:
    Alan Meek
    Location:
    United Kingdom
    Firm:
    Morton Fraser MacRoberts
    Bouncing Back with Bankruptcy Restriction Orders
    2021-09-10

    An individual ceased trading his Scaffolding firm in Sunderland in December 2019 and immediately began employment with a third party; despite which the enterprising former scaffolder thought it would be a good idea in May 2020 to apply for a £50,000 bounce back loan from HM Government in respect of his previous business. Unsurprisingly, the funds were not applied to the Scaffolding business (which had ceased trading) and instead were used to repay third parties.

    Filed under:
    United Kingdom, Scotland, England & Wales, Insolvency & Restructuring, Brodies LLP, Debtor, Coronavirus
    Authors:
    Eoghann Green
    Location:
    United Kingdom
    Firm:
    Brodies LLP
    Insolvency in Scotland: Back to Basics - Part 1, Winding Up
    2021-09-03

    This is the first article in 'Back to Basics', a series of articles looking at insolvency processes in Scotland. In this article I examine the court process for winding up a company.

    A winding up petition is a form of legal action that can be used when a company is unable to pay its debts as they fall due. Sections 122 to 124 of the Insolvency Act 1986 (‘the Act’) deal with how to wind up a company in Scotland.

    When is a company deemed unable to pay debts?

    Filed under:
    United Kingdom, Scotland, Company & Commercial, Insolvency & Restructuring, Litigation, Shoosmiths LLP, Secured creditor, Liquidator (law), Coronavirus, Provisional liquidation, Winding-up, Insolvency Act 1986 (UK), Court of Session
    Location:
    United Kingdom
    Firm:
    Shoosmiths LLP
    Limited liability - not all it is cracked up to be
    2021-08-31

    In this two part article we highlight for directors some of the main ways in which the general protection of limited liability does not apply or can be lost.

    Part one of this article discusses those exceptions to the principle of limited liability that arise in insolvency or distress situations. Part two deals with the provisions that have more general applicability.

    Breach of duties

    Filed under:
    United Kingdom, Scotland, Company & Commercial, Insolvency & Restructuring, Litigation, Morton Fraser MacRoberts, Coronavirus
    Authors:
    Alan Meek
    Location:
    United Kingdom
    Firm:
    Morton Fraser MacRoberts
    Limited liability - not all it is cracked up to be
    2021-08-25

    Limited liability is one of the fundamental concepts in our understanding of company law. Even people who know very little about the working of limited companies may know that directors and shareholders are not liable for the debts of their companies. For the last 160 years, the protection of limited liability has been a key factor in economic growth and commercial activity as it has allowed entrepreneurs to speculate and take risks that they might not have been willing to do if the risk of personal liability overshadowed their decision-making.

    Filed under:
    United Kingdom, Scotland, Company & Commercial, Insolvency & Restructuring, Morton Fraser MacRoberts, Coronavirus, HM Revenue and Customs (UK)
    Authors:
    Alan Meek
    Location:
    United Kingdom
    Firm:
    Morton Fraser MacRoberts

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