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Judicial Factors (Scotland) Act 2025

Finding of caution

16.Section 6 gives a power to any court which appoints a judicial factor to require the judicial factor to find caution for their performance of the functions of judicial factor, where there are exceptional circumstances which justify it. This means that the judicial factor would be required to lodge with the court a bond of caution, which would act as financial security to allow the court to recover from the judicial factor any financial losses suffered by the estate as a result of the judicial factor’s actions in managing the estate.

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

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