Tim Cooper
Tim is a Business Support & Restructuring partner at Addleshaw Goddard, based in Edinburgh, working in all aspects of corporate restructuring, asset recovery and insolvency. He has worked throughout his career as a corporate restructuring and insolvency lawyer, and has over 20 years career experience from the North of England and Scotland as a specialist in this area.
Tim has worked on many high profile restructurings and insolvencies, including leading the team advising the liquidators of The Scottish Coal Company, administrators of Hawick Knitwear and of Ferguson Shipbuilders. Other career highlights range from handling Premier League and Championship football club restructurings, retail cases such as Dolcis Shoes, Whittard of Chelsea and Adams Childrenswear, manufacturing such as Silentnight Group, Behar Carpets, insurance mediation businesses such as FirstCity Group, and many others. Tim is also the Chair of R3 in Scotland, R3 Council Member for Scotland and sits on the R3 Scottish Technical Committee.
Practice Area
Panel
- Scottish Panel
Qualified Year
- 1997
Membership
- Full member of R3 ' The Association of Business Recovery Professionals
Education
- LL.B (Hons) Staffordshire University
- LL.M Public International Law, University of Edinburgh
3 Contributions by Tim Cooper
PRACTICE NOTES
Members’ Voluntary Liquidations in Scotland: Law and Procedure under the Insolvency (Scotland) (Receivership and Winding Up) Rules 2018 and 2021 (Amendment) Rules
The Insolvency (Scotland) (Receivership and Winding up) Rules 2018
The Insolvency (Scotland) (Receivership and Winding up) Rules 2018 (ISRWR 2018), SSI 2018/347, were presented to the Scottish Parliament on 14 November 2018 and took effect from 6 April 2019. As a result, these Rules altered the procedure for members’ voluntary liquidations (MVLs) in Scotland. Later, the Insolvency (Scotland) (Receivership and Winding Up) (Amendment) Rules 2021 (ISRWAR 2021), SI 2021/1025, were placed before the Scottish Parliament on 9 September 2021 and commenced on 1 October 2021. These subsequent Regulations amend the original Rules. Accordingly, this Practice Note addresses the law, procedures and practice governing Scottish MVLs from 6 April 2019 onwards, as contained in ISRWR 2018, SSI 2018/347, Part 3, and ISRWAR 2021, SI 2021/1025, Part 2.
What is an MVL?
An MVL is the procedure whereby a company’s members pass a special resolution to cease trading and appoint a liquidator to return the company’s capital to shareholders, culminating in the company’s dissolution. It is suited to solvent liquidations and must be used where the capital...
Restructuring & Insolvency
PRACTICE NOTES
Scotland: Entering a creditors’ voluntary liquidation—directors’ and members’ steps, QFCH notice, liquidator nomination, statement of affairs and timelines under IA 1986 and ISRWUP Rules 2018 (Part 4)
This Practice Note addresses the initiation of creditors’ voluntary liquidations (CVLs) as provided in Part IV of the Insolvency Act 1986 (IA 1986) and the Insolvency (Scotland) (Receivership and Winding up) Rules 2018 (ISRWUP Rules 2018), SSI 2018/347, r 4.1 (Part 4). It excludes the commencement of members’ voluntary liquidations (MVLs) in Scotland and does not deal with the relevant law, procedure and practice after a CVL has begun and been approved by creditors, through to exit and dissolution.
Scottish Insolvency Rules 2018
The Insolvency (Scotland) (Company Voluntary Arrangements and Administration) Rules 2018, SI 2018/1082, and the ISRWUP Rules 2018, SSI 2018/347 (together, the ‘2018 Rules’), took effect on 6 April 2019. This Practice Note has been revised to reflect the operation of the 2018 Rules. It does not consider any transitional provision, on the basis that few cases are expected to remain to which such provisions would apply. Note also that the 2018 Rules do not extend to LLPs.
CVLs in Scotland
A CVL in Scotland is a voluntary formal insolvency procedure, undertaken for the purpose of winding‑up the affairs of...
Restructuring & Insolvency
PRACTICE NOTES
Scotland: Insolvency of ordinary partnerships and Scottish limited partnerships (SLPs): sequestration routes, legal personality and partner liability, creditor petitions, registration and PSC regime
This Practice Note addresses insolvent partnerships and limited partnerships in Scotland, by which is meant—for the purposes of this Practice Note—Scottish Partnerships comprising:
ordinary partnerships with their main place of business in Scotland; and
limited partnerships entered on the Companies House register in Scotland as a Scottish LP (SLP).
This Practice Note does not extend to limited liability partnerships (LLPs) registered in Scotland, which are dealt with in the same manner as companies for corporate insolvency purposes. However, insolvencies of Scottish LLPs continue to be governed by the Insolvency (Scotland) Rules 1986, SI 1986/1915. Consequently, the relevant 1986 prescribed forms still apply when handling Scottish LLPs, rather than prescribed content under the applicable 2018 Scottish rules used for corporate insolvencies (for more information, see Practice Notes on Scottish compulsory liquidation: Scotland: compulsory liquidation, Scottish creditors' voluntary liquidation: Scotland: process to enter creditors’ voluntary liquidation (CVL)). For a glossary of commonly used Scottish insolvency expressions and terminology, see Practice Note: Glossary of Scottish insolvency words and expressions.
Legal personality of Scottish Partnerships
A Scottish partnership is a legal person distinct from its partners (see section 4(2) of the Partnership Act 1890)...
Restructuring & Insolvency
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