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Challengeable Transactions in Scotland

The Insolvency Act 1986 and the Bankruptcy (Scotland) Act 2016 set out our rights as insolvency practitioners to investigate various transactions occurring prior to formal insolvency. Our overall aim is to recover funds diverted from the company or estate, that would otherwise have been available to the creditors on appointment.


This course looks at the statutory framework for those challenges, the evidential requirements for a successful challenge, the likely defences, and some of the leading court decisions that set the precedent in this area.

CPD Learning Outcomes

  • What are the challenges, how do we evidence them and what possible defences might exist
  • Gratuitous alienation
  • Unfair preference
  • Misfeasance
  • Wrongful trading
  • Fraudulent trading
  • Excessive pension contributions
  • Reduction of capital awards on divorce
  • Extortionate credit transactions
  • Remedies: reduction, restoration and repayment – which one do you get?
  • Reduction of post appointment transactions

Who Should Attend

This course is suitable for experienced Insolvency Practitioners looking for an update and a fresh approach to case issues, as well as staff who would benefit from an in depth introduction or refresher to the issue of challengeable transactions.


Half day course: £155 + VAT

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