About the Conference:
Headline speaker - The Rt. Hon. Lord Drummond Young Trusts and Insolvency (on which there has been recent case law), and the use of trusts as a basis for security in relation to debts and other forms of intangible property.
Debt recovery - Sheriff Officer's perspective (esp. post pandemic.) David Walker (Walker Love)
Corporate Insolvency and Governance Act 2020 – and other recent developments
In 2020 CIGA introduced changes to corporate insolvency law, designed to keep companies going in difficult times. These include reconstruction plans (similar to schemes of arrangements), new rules relating to moratoria, and restrictions on the termination of supply contracts. Complex rules limiting creditors’ ability to put companies into liquidation were introduced. Temporary measures preventing commercial landlords winding up tenants’ businesses for rent arrears were imposed. Meanwhile tenants have been using CVAs to restructure their debts, not always to creditors’ satisfaction. A bill before Parliament may allow the Insolvency Service to chase directors of dissolved companies with unpaid debts to creditors, in particular unpaid bounce-back loans. Now is not an easy time to be a creditor, a company, or a company director.
Accountant in Bankruptcy - insolvency landscape and policy development plans - John Cook (Depute Accountant in Bankruptcy
ICAS - David Menzies (ICAS)
Insolvency Litigation Funding: Law and Practice - (Rachel Grant, Manolet Partners)
Rachel will discuss insolvency litigation funding, how it works in practice and how funding or assigning claims can be used to unlock value in an insolvent estate to provide a better return for creditors and benefit insolvency practitioners and lawyers. She will also consider the use of mediation in insolvency disputes.
About the Speakers:
The Rt. Hon. Lord Drummond Young After a career spanning 25 years at the bar, Lord Drummond Young was appointed a Senator of Justice in the Court of Session in 2001 and sat in the commercial court until 2012 before being appointed to the Inner House to 2020. He was also the Chairman of the Scottish Law Commission.
John Cook is a career civil servant and joined the Accountant in Bankruptcy (AiB) in January 2005 after working for the Department for Work and Pensions for 18 years. In 2007 John was appointed Head of Case Operations and is the Depute Accountant in Bankruptcy with overall responsibility for case management and supervisory functions relating to bankruptcy, the Debt Arrangement Scheme and Protected Trust Deeds. AiB’s efficiencies and technology functions also fall under John’s command. John is an AiB board member.
Rachel Grant is Associate Director with Manolete Partners plc in Scotland. She has over 25 years of experience in insolvency law and prior to joining Manolete was a partner with Brodies LLP. Rachel has top tier ranking for insolvency in the legal directories, has been inducted into the Legal 500 Hall of Fame and in 2017 received the Scottish Women’s Award for Services to Law. Rachel sits on the R3 General Technical Committee and R3 Scottish Technical Committee (which she chaired for over 10 years). She is a member and former chair of the Law Society Insolvency Accreditation Panel, was a member of the Law Society of Scotland’s Corporate, Banking and Insolvency Committee for over 20 years and represented the Law Society on the Joint Insolvency Committee.
30.3.22 Insolvency Law Half Day Conference
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