Elisabeth Roxburgh
Elisabeth called to the bar in 2012. She practices mainly in commercial law and appears regularly in the commercial courts. She specialises in insolvency and company law matters and is regularly instructed in cases involving all aspects of bankruptcy and insolvency. She is ranked as Band 1 in restructuring and insolvency by Chambers and Partners. She is also ranked in restructuring and insolvency by Who’s Who Legal and for commercial litigation by the Legal 500.
Elisabeth was appointed as a standing junior to the Advocate General for Scotland and in that role has undertaken work for, amongst others, HMRC and the Insolvency Service.
Prior to becoming an advocate, Elisabeth was a solicitor in the restructuring and insolvency team within the litigation department at Shepherd and Wedderburn LLP. During that time, she obtained experience in both contentious and non-contentious insolvency matters. In 2008, she obtained the Insolvency Practitioners Association Certificate of Proficiency in Insolvency.
Practice Area
Panel
- Scottish Panel
Qualified Year
- 2013
Experience
- Shepherd and Wedderburn LLP (2005 - 2011)
Qualifications
- LLB (Hons) First Class (2004)
- Diploma in Legal Practice (2005)
- Certificate of Proficiency in Insolvency (2008)
Education
- University of Edinburgh (2000-2005)
2 Contributions by Elisabeth Roxburgh
PRACTICE NOTES
Scotland: Protected Trust Deeds: legal framework, eligibility, protection process, AiB oversight, creditor challenges, debtor’s home, discharge, and 2024 regulatory reforms
For many years, debtors have relied upon trust deeds in order to reach a compromise with their creditors as an alternative to formal sequestration in Scotland (see Practice Note: Scotland: the process for applying for sequestration).
Rooted in the common law, trust deeds long attracted a relatively ‘light touch’ from the courts, but the law now pays closer attention to them and to this field generally today.
Accordingly, trust deeds are presently subject to markedly tighter regulation than previously in Scotland.
This Practice Note outlines the key legal principles on trust deeds and the process for obtaining, and the effect of, protected status in this context too.
For definitions of frequently used Scottish insolvency terminology, see Practice Note: Glossary of Scottish insolvency words and expressions therein.
The Scottish government has announced a commitment to review both formal debt recovery mechanisms—diligence—and the statutory debt solutions—moratorium protection, bankruptcy, Protected Trust Deeds and the Debt Arrangement Scheme—with the aim of ‘further enhancing and improving our system’ in due course.
Consultation took place from 12 August 2022 to 7 October 2022 (see: LNB News 12/08/2022 28).
The nature of a trust deed
A trust deed constitutes a consensual arrangement between a debtor and their...
Restructuring & Insolvency
PRACTICE NOTES
Scottish Bankruptcy Restriction Orders: effects, grounds, duration, interim orders, and procedures before the Accountant in Bankruptcy (AiB) and Sheriff, including variation and revocation
What is a Bankruptcy Restriction Order?
When a person is made bankrupt (sequestrated), they are bound by restrictions under the Bankruptcy (Scotland) Act 2016 (Ba(S)A 2016) and other related legislation. Ordinarily, twelve months from the start of sequestration, the debtor is discharged and the limitations that apply to undischarged bankrupts no longer apply. A Bankruptcy Restriction Order (BRO) can be imposed on a debtor following an application to the Accountant in Bankruptcy (AiB) (see Practice Note: Scotland: the Accountant in Bankruptcy) or to the Sheriff, and it maintains restrictions after discharge from sequestration. For commonly used Scottish insolvency terminology, see Practice Note: Glossary of Scottish insolvency words and expressions.
Effects of a BRO
A BRO places ongoing restrictions on the debtor for the period stipulated in the order. The Ba(S)A 2016 does not provide a comprehensive list of all restrictions that apply where a BRO is in force. Instead, reference must be made to other legislation, which specifies that an individual subject to a BRO is disqualified from holding certain positions. Examples include a prohibition on: (i) acting...
Restructuring & Insolvency
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