ABSTRACT
In some respects, Scots law is currently ill-equipped to accommodate cryptoassets. While the Digital Assets (Scotland) Bill will clarify the status of cryptoassets as property, it does not address the law of security rights and debt enforcement (diligence). These may have been left for future reform, but they are important for dealing with cryptoassets in practice. This article examines how the current law applies to cryptoassets, identifying various inadequacies and challenges, particularly for debt enforcement. It exposes the friction between the existing legal framework and this new type of asset. Fortunately, partial solutions in the form of information disclosure orders and residual attachment are found in the Bankruptcy and Diligence etc (Scotland) Act 2007. These mechanisms have still not been introduced, but this article argues that they should be brought into force in amended form.
€ (Westlaw)
Alisdair MacPherson and Andrew Sweeney, ‘Cryptoassets, security rights and diligence’ [2026] Juridical Review 28-53
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