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Anderson Strathern Legal Updates

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October 2014

Heritable creditor liable for failure to obtain best sale price of a property

This is a decision from the Sheriff Principal at Glasgow in which he upheld the decision of the Sheriff to award damages against a heritable creditor for failing to achieve the best price following a sale of a property which they had taken into possession.

New Tenancies Proposed for the Private Rented Sector

Scottish Government has issued a consultation paper on setting out proposals for developing a new type of tenancy for the private rented sector. The consultation paper seeks views on the proposed outline for the new tenancy. The intention is to create a new modernised and simplified tenancy system in Scotland.

September 2014

'No' vote in the referendum on Scottish independence - What happens next?

It is important to understand what will happen following the “No” vote in the referendum on Scottish Independence and what this will mean for you

Further Devolution - Next Steps

It is clear from the statements made this morning that this referendum outcome has significant, long-term implications for the constitutional future and governance of the whole of the UK.

August 2014

Gratuitous alienations under the Insolvency Act 1986

The case of Henderson is a complex case which considers whether or not the assumption of debt was to be considered as “adequate consideration” for the purposes of section 242(4)(b) of the Insolvency Act 1986.

Feed In Tariff Degression Rates Confirmed

Most renewable energy technologies are set to get cheaper as volumes of deployment increase over time.

Supreme Court varies Scots rules on prescription of claims

The UK Supreme Court has issued its opinion in the case of David T Morrison & Co Ltd v ICL Plastics Ltd and others [2014] UKSC 48, which recasts the way the Scots law of prescription operates in certain circumstances.

Personal insolvency in Scotland updated

The Scottish Government has passed The Bankruptcy and Debt Advice (Scotland) Act 2014 (“the 2014 Act”). The 2014 Act aims to establish a balance between the interests of creditors and debtors in matters relating to personal insolvency.

July 2014

Changes to Scottish Insolvency Rules

On 1 May 2014 the Insolvency (Scotland) Amendment Rules 2014 (“the 2014 Rules”) were laid before the Scottish Parliament and came into force on 30 May 2014. They modify the Rules which govern administrations, liquidations and receiverships in Scotland. The Insolvency (Scotland) Rules 1986 (“1986 Rules”) previously regulated these areas and there are a number of changes which are of importance to insolvency practitioners working in Scotland.

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