On 13 September, Dr Alisdair MacPherson gave evidence on the Bankruptcy and Diligence (Scotland) Bill to the Scottish Parliament’s Economy and Fair Work Committee (https://www.scottishparliament.tv/meeting/economy-and-fair-work-committee-september-13-2023). The evidence was provided on behalf of the Law Society of Scotland and focused on various issues in relation to the Bill, including a proposed mental health moratorium limiting enforcement by creditors against some debtors, aspects of bankruptcy law, and the law of diligence (debt enforcement).
Dr MacPherson and Professor Donna McKenzie Skene earlier submitted written evidence regarding the Bill and both are members of the Ministerial Working Group on Statutory Debt Solutions, which is seeking to identify ways of improving the law in this area. In addition, at an earlier stage in the review of statutory debt solutions, Professor McKenzie Skene chaired one of the working groups whose proposals are being considered by the Scottish Government.
The current Bill is at Stage 1 in the Scottish Parliament and its progress will be followed with interest. There is also expected to be secondary legislation relating to bankruptcy and diligence in the near future. It is an area of law that is receiving renewed attention in the wake of cost-of-living pressures and related issues.
