Scotland: the Accountant in Bankruptcy

Copyright © 2025 LexisNexis
Produced in partnership with James Lloyd of Harper Macleod LLP and Sheana Campbell of The Faculty of Advocates
Practice notes
Scottish Law

Scotland: the Accountant in Bankruptcy

Copyright © 2025 LexisNexis

Produced in partnership with James Lloyd of Harper Macleod LLP and Sheana Campbell of The Faculty of Advocates

Practice notes
Scottish Law
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The office of the Accountant in Bankruptcy (AiB) was originally created by section 156 of the Bankruptcy (Scotland) Act 1856. Historically, the functions of the AiB were limited but since 1993, with the enactment of the Bankruptcy (Scotland) Act 1993 (B(S)A 1993), the role has expanded quite considerably. The AiB is now responsible for, not only, supervising the bankruptcy process in Scotland but also carrying out a number of administrative and quasi-judicial functions previously exercised by the court. The AiB also assists Scottish Ministers to formulate policy in a wide range of matters relating to personal and corporate insolvency and diligence.

This Practice Note examines the role, functions and responsibilities of the AiB. For a glossary of commonly used Scottish insolvency terms, see Practice Note: Glossary of Scottish insolvency words and expressions.

The legal nature of the AiB

The AiB is a creature of statute whose office was most recently re-affirmed by section 199 of the Bankruptcy (Scotland) Act 2016 (Ba(S)A 2016). Functions

James Lloyd
James Lloyd

Harper Macleod LLP

James heads the firm's Insolvency team and has advised on corporate and personal insolvency related matters for a number of years. He advises creditors, banks and insolvency practitioners on all aspects of insolvency litigation.

Chambers UK Guide to the Legal Profession lists James as a "Leader in the Field" in both Restructuring/Insolvency and Personal Insolvency, where he is noted for having a strong reputation in the market, his clients appreciate his ability to "do an extremely good job under difficult circumstances." Sources note "He's good. He tells you as it is."

James has been recognised as a "World Leader" in commercial litigation by Who's Who Legal.

James is a member of the team that won the prestigious "Insolvency Team of the Year" award at the Law Awards of Scotland 2012.

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Sheana Campbell
Sheana Campbell

Devil, The Faculty of Advocates

Sheana is experienced in dealing with commercial litigation in both the Sheriff Courts and Court of Session. Her particular interest is insolvency related litigation and she has been involved in reported decisions on insolvency cases.

Throughout her career Sheana has acted for both insolvency practitioners and individuals in dispute with insolvency practitioners in both commercial and personal insolvency cases, giving her an insight into the range of issues faced by either side in a dispute. Sheana also has significant experience in handling debt recovery cases and worked as a paralegal whilst studying for her law degree at Strathclyde University. Following a 13 year career as a solicitor, during which she reached director level at a boutique litigation practice, Sheana is now undertaking a period of training (known in Scotland as devilling) with a view to become an Advocate in Scotland in June 2022.

In addition to her debt recovery and commercial litigation experience, Sheana has experience in housing and property litigation and has acted for several social housing providers and private landlords.

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Bankruptcy definition
What does Bankruptcy mean?

The court supervised process whereby the assets of an insolvent individual are realised for the benefit of his creditors.

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