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Judicial factory meaning
Published by a LexisNexis Restructuring & Insolvency expert
What does Judicial factory mean?
In Scottish practice, a judicial factory is the court process by which the Court of Session appoints a judicial factor—an officer of court—to ingather, safeguard, manage and, where authorised, distribute property belonging to another when no one else has clear authority to act or conflict prevents proper administration. The office and its supervision are principally governed by the Judicial Factors (Scotland) Act 1889 and related case law, with oversight by the Accountant of Court.
A judicial factor is typically appointed over estates of minors or incapax persons, the property of missing persons, trusts or partnerships in difficulty, or estates in dispute (for example pending resolution of succession or trust proceedings). The appointment is protective and temporary; the factor owes fiduciary duties, prepares inventories and accounts, and acts within powers set by the interlocutor and statute until recalled by the court.
The term is specific to Scots law. In England & Wales, Northern Ireland and Ireland, comparable court‑appointed roles include judicial trustees, receivers, administrators pendente lite or interim managers, but “judicial factory” is not the usual terminology.
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NEWS
PI and Clinical Negligence weekly update: key rulings on limitation, withdrawing admissions, criminal injuries compensation, costs; OIC Rehabilitation Code addendum; CPRC/OPRC and Supreme Court fees changes—12 March 2026
In this issue: Key PI and clinical negligence developments Proving negligence or breach of statutory duty Catastrophic claims Limitation Abuse and criminal injuries Employer's liability Costs and funding AI developments New content LexisNexis® Quantum Portal LexTalk®PI & Clinical Negligence: a Lexis®Nexis community Daily and weekly news alerts LexisNexis® Webinars Useful information Key PI and clinical negligence developments CPRC to hold annual open meeting for May 2026 The Civil Procedure Rule Committee (CPRC) confirms it is set to host its annual open meeting on 8 May 2026 in a hybrid format, offering an in‑person option at a central Birmingham venue and remote access via Microsoft Teams. Attendees will be observers only, with places subject to availability. Questions submitted in advance will be taken at the close of the session. Applications to attend must be received by 8 April 2026. The CPRC indicates the agenda will be confirmed nearer...
12 March
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View the related Practice Notes about Judicial factory
PRACTICE NOTES
Glossary of Scottish Insolvency Law Terms with England and Wales Equivalents
This is a glossary of common words and expressions used in Scottish insolvency law with the nearest England and Wales insolvency law equivalent (where relevant) Absolute insolvency Meaning: When a person’s liabilities are greater than the overall worth of their assets. Nearest English equivalent: Balance sheet insolvency. Accountant in Bankruptcy (AiB) Meaning: A Scottish Government agency overseeing the regulation of personal bankruptcy (sequestration and Protected Trust Deeds) in Scotland, and able to serve as trustee in sequestrations where no insolvency practitioner is appointed. It also maintains records of corporate insolvencies in Scotland (receivership and liquidations only) but does not perform the role of Official Receiver. See Practice Note: Scotland: the Accountant in Bankruptcy. Nearest English equivalent: N/A. Accountant of Court Meaning: A court-appointed officer within Scottish Courts and Tribunals who administers funds consigned to the Accountant of Court pursuant to a Court of Session interlocutor or during liquidation proceedings. They oversee Judicial Factors or Administrators appointed by the Court to manage estates...
21 May
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