Post insolvency litigation and procedures

Part of the collection Disputes and litigation

Last updated 26 February 2026

We are regularly consulted by insolvency practitioners to assist with post-appointment litigation and procedure

Procedures we can help with

Recovery of property
Gratuitous alienations or unfair preferences
Applications to Court for correction of defects, fee approval and extension of administration

Assistance for advisors from other jurisdictions

We are frequently asked to assist English solicitors or insolvency practitioners unfamiliar with the very different Scottish system. We can help with both the court procedure and general guidance on the Scottish insolvency rules.

We can help you navigate any technical or remuneration issues which may arise from the substantial differences between the English and Scottish insolvency process.

Actions of accounting - count, reckoning and payment

Situations can arise when someone has control of money that is due to you, but their dealings make it impossible for you to work out what they are up to.

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Alternative dispute resolution (ADR)

Litigation is not the only way to tackle a dispute. There are many creative alternatives, from mediation to expert determination.

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Alternative dispute resolution (ADR) for personal matters

We can use methods from mediation to collaborative law to arbitration to resolve your dispute without the need to go to court.

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Arbitration

Arbitration is an effective method of resolving both domestic and international disputes where determination is made in a private tribunal instead of by the courts.

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Arbitration - how does it work in Scotland?

Arbitration is a longstanding method of dispute resolution whereby parties can agree to have their disputes determined in a private tribunal instead of by the courts.

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Arrestments

An arrestment can be used to recover monies owed in terms of a court judgement. Arrestment is form of diligence which can be utilised in order to recover monies owed in terms of a court judgment (known as a decree or decision form in Simple Procedure actions).

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Post insolvency litigation and procedures

We are regularly consulted by insolvency practitioners to assist with post-appointment litigation and procedure

Procedures we can help with

Assistance for advisors from other jurisdictions

Related resources

Actions of accounting - count, reckoning and payment

Alternative dispute resolution (ADR)

Alternative dispute resolution (ADR) for personal matters

Arbitration

Arbitration - how does it work in Scotland?

Arrestments

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