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Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 15 April 2025
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Displaying 2013 contributions

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Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Stuart McMillan

We move on to a question that is really for Morna. The witnesses will be aware of the situation with McClure Solicitors, which ceased trading in 2021, when Jones Whyte was appointed to take over a substantial volume of case work on trusts, executories and powers of attorney. If the McClure case had been suitable for the appointment of a judicial factor, the committee is interested to know how that would have operated in practice, given the scale and nature of the case load that McClure Solicitors had. To give you some indication of that, it was estimated that there were more than 60,000 wills, 20,000 powers of attorney and about 18,500 trusts.

Who would have assumed responsibility for the on-going work required for existing cases in areas such as trusts and executories when it is presumably challenging for an in-house judicial factor to have expertise in all the specialist areas of legal practice?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Stuart McMillan

Would it be quite common to divide up the existing business to regulated firms?

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 23 April 2024

Stuart McMillan

Agenda item 4 is consideration of two instruments that are subject to negative procedure. No points have been raised on the instruments. Is the committee content with the instruments?

Delegated Powers and Law Reform Committee

Decision on Taking Business in Private

Meeting date: 23 April 2024

Stuart McMillan

Welcome to the 13th meeting in 2024 of the Delegated Powers and Law Reform Committee. I remind everyone to please switch off or silence their mobile phones and other electronic devices.

Under agenda item 1, is the committee content to take items 5, 6 and 7 in private?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Stuart McMillan

Under agenda item 2, we will take evidence on the Judicial Factors (Scotland) Bill at stage 1. I welcome our first panel. Morna Grandison is director of interventions at the Law Society of Scotland, Gavin MacColl KC is from the Faculty of Advocates, Dr Alisdair MacPherson is senior lecturer in commercial law at the University of Aberdeen, and Professor Gareth Morgan is from the Charity Law Association.

Thank you for joining us. I remind you not to worry about turning on the microphones, as that will be done automatically for you. When you would like to comment in response to a question, please raise your hand or indicate to the clerks. There is no need to answer every question; you can simply indicate that a question is not for you to respond to. However, please feel free to follow up on any question in writing after the meeting, if you wish.

Before we get into the specifics, will you tell us briefly and in general terms what you think about the bill?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Stuart McMillan

We should also bear in mind that a small number of individuals will be practising this, and they will be expert in this particular area of law.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Stuart McMillan

Does anyone else want to come in on this?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Stuart McMillan

Would it be fair to say that, if the legislation passes through the process, there will be a role for the Scottish Government to engage with associations that will have operations elsewhere in the UK as well as, potentially, their international counterparts?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Stuart McMillan

I have a final question on that subject. For talking’s sake, if multiple firms offered to assist in a situation akin to the one that you described, how would you decide which firm or firms should get the work? If two firms suggested that they could take the work on wills, what criteria would the Law Society use to decide whether to give the work to firm A or firm B?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Stuart McMillan

Does either of the other witnesses want to come in on that?