Published July 20, 2022
We have recently had a number of enquiries regarding searches in the Register of Inhibitions (ROI).
We have received these enquiries because Registers of Scotland (ROS) recent withdrawal of their bulk supply of daily applications to the ROI. The provision of this bulk data previously allowed us to create and maintain a database of ROI entries and apply enhanced searching rules.
We want to take this opportunity to assure you that Millar & Bryce will continue to provide this enhanced level of searching against names and variants of names in the ROI.
Why is this important?
Searchers must be able to understand and identify individuals they are searching for. It’s not enough to search against a name for exact matches, as even simple names can often throw up complications.
Elizabeth, for example, may appear on title deeds but the person may go by the name of Beth or Liz and it’s one of these names that the creditor used when inhibiting her. Other names such as Smith and Smyth can have multiple different spellings. Searching is a skill and the legal profession recognise this.
We recognise that the method of searching must allow for imperfections in the information registered and recognise that personal searching isn’t an exact science. Names are not unique, changes to debtors’ identities may be used to try and reduce the likelihood of debtors being found on the register, and/or a creditor may have very limited information regarding a debtor’s name or address.
Millar & Bryce acknowledge that the onus on searchers is high. We must get the search right and disclose anything that might be relevant so that our customers can make further enquiries to check that the person named in an inhibition is the same as one of the parties to the transaction.
What does it mean in practice?
Since we were first made aware of the withdrawal of this service around three years ago, we have been working with ROS to access the register via an API. We have invested considerable time and IT tech resource to ensure that we continue to apply enhanced names searching and minimise any risk of missing an adverse entry in the ROI.
What does this mean for you?
It’s for these reasons that we have invested in our processes and technology to minimise the risk for you within the legal sector. Please be assured there will be no change in the Millar & Bryce process; we will continue to not only search against names provided but to also search against all reasonable name and address variants.
Our team is on hand to help with any further queries you might have. Please contact us on 0131 556 1313 or email@example.com for more information.