Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Related legal acts
Key definition
Administration definition

What does Administration mean? Administration is a corporate insolvency procedure used to protect and stabilise a financially distressed company while an independent insolvency practitioner (the administrator) takes control to pursue rescue or a better return to creditors than liquidation. It is a statutory process in England and Wales and Scotland under the Insolvency Act 1986, Schedule B1, and in Northern Ireland under the Insolvency (Northern Ireland) Order 1989, Schedule B1. Key features include an immediate moratorium on most creditor enforcement, displacement of the directors’ management powers, and appointment either by court order or out of court by the company, its directors or...

Read More Right Arrow

Scotland: administrations under the Insolvency (Scotland) (Company Voluntary Arrangements and Administration) Rules 2018, Part 3 – practitioners’ guide to appointments, proposals, expenses, committees, remuneration, distributions, extensions and ending

Practice notes
imgtext

For the impact of Brexit on Scottish procedures, see Practice Note: Table showing impact of Brexit on jurisdiction to commence insolvency/restructuring proceedings and obtain recognition in other EU Member States.

This Practice Note deals with Administrations as provided for in Part 3 of the Insolvency (Scotland) (Company Voluntary Arrangements and Administration) Rules 2018 (ISCVAAR 2018), SI 2018/1082. The ISCVAAR 2018 came into force on 6 April 2019, as did the Insolvency (Scotland) (Receivership and Winding Up) Rules 2018 (ISRWR 2018), SSI 2018/347.

The existence of two instruments reflects the devolution settlement and the divided responsibilities of the Scottish and UK parliaments over corporate insolvency. Consequently, a number of provisions in each set are counterparts of one another.

ISCVAAR 2018, SI 2018/1082, together with ISRWR 2018, SSI 2018/347, were designed to modernise and consolidate the Insolvency (Scotland) Rules 1986 (ISR 1986), SI 1986/1915, the subsequent amending statutory instruments made since the ISR 1986 took effect, and the Receivers (Scotland) Regulations 1986 (RSR 1986), SI 1986/1917. Subject to limited transitional provisions, ISCVAAR 2018 and ISRWR 2018 have entirely superseded the ISR...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.
Louise Laing
Louise Laing

Solicitor, Burness Paull

Louise is a Senior Associate in the Restructuring and Insolvency team at Brodies LLP.  She has extensive experience in corporate restructuring and insolvency work, having specialised in the area for over 15 years (including a secondment to a financial institution). Louise has been involved in a number of high-profile formal insolvency appointments and multi-jurisdictional cases. She regularly advises insolvency practitioners on a wide range of insolvency issues in administrations, liquidations and receiverships and has acted for a number of administrators in achieving objective one: rescuing the company as a going concern.Louise has particular experience of advising banks and other lenders in relation to security enhancement and enforcement and formal insolvency strategies and appointments. She also has experience in relation to loan and security acquisition transactions and enforcement following on therefrom. Louise also advises corporates and directors in times of financial difficulty and acts for clients...

Web page updated on 21/05/2026

Popular documents

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Read More Right Arrow

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Read More Right Arrow

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Read More Right Arrow

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...

Read More Right Arrow