Mark Higgins, THE ENFORCEMENT OF HERITABLE SECURITIES Edinburgh: W Green (www.wgreen.co.uk), 2010. xxvii + 327 pp. ISBN 9780414017818. £75.

Document Cited authorities (3) Cited in Related
AuthorRobert Rennie
DOI10.3366/elr.2011.0077
Published date01 September 2011
Date01 September 2011
Pages510-511

This is effectively the second edition of Mark Higgins original text entitled Scottish Repossessions (2002). As the title suggests the second edition focuses on the overall question of enforcement rather than simply repossession and sale. The enforcement of standard securities is one of the areas of law where social policy has had as much, if not a greater, effect than judicial decisions or legislation. When the first edition was published in 2002 the Mortgage Rights (Scotland) Act 2001 had just come into effect. It provided a discretionary power to the court to delay repossession orders. The second edition takes into account the new protections for debtors contained in the Owner and Debtor Protection (Scotland) Act 2010. The effect of these provisions is that there can be no repossession without a hearing before a sheriff although there are provisions for voluntary surrender of property. The author devotes a whole chapter to voluntary surrender (chapter 13), and there are separate chapters devoted to the preliminary procedures of calling up and notices of default. Such is the extent of...

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