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Chamber and committees

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 24 June 2025
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Displaying 908 contributions

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Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Bill Kidd

It might therefore be a wee bit over the score to change it for the sake of it anyway.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Bill Kidd

The committee has heard evidence from the legal profession suggesting that the proposed threshold for requiring caution is now set too high, and that alternative forms of security to a bond of caution should be considered where those are required. Do you have views on that?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Bill Kidd

That makes sense.

As things stand, under current law, a judicial factor has to find caution, which is a specialist bond from an insurance company to protect against wrongdoing by the factor and specifically theft from the estate, which you mentioned. Under section 5, there is a policy change to abolish the requirement on a judicial factor to find caution, except in “exceptional circumstances”. The committee has been looking into that. Do you think that a family member of a missing person should also be required to take out a bond of caution?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Bill Kidd

That is all really helpful, thank you.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Bill Kidd

Section 5 of the bill covers caution. The policy argument for not requiring caution in all cases is that professionals who are appointed as factors will have their own professional indemnity insurance. In response to the commission’s consultation in 2010, the then Accountant of Court—I presume that it was not you at the time—

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 30 April 2024

Bill Kidd

I was wondering about that. With a layperson, you do not have any background on their expertise or whether they might be at it. Is that point well covered in the bill?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Bill Kidd

We have to some degree been talking about judicial factors as if they were all queuing up outside the door, waiting to get a job. The Faculty of Advocates and the Summary Sheriffs Association have both suggested that section 23 be modified to deal with exceptional circumstances in which a judicial factor has acted unreasonably in a situation not covered by section 24 and that they should be found personally liable for legal costs in that circumstance.

The commission was not certain that the suggested modification was the correct approach to take, and it feared that judicial factors would become unduly preoccupied with their own potential risk of personal liability in such circumstances. Does anyone on the panel think that the commission’s position on the issue is the correct one to take, or that that would even be an issue at all?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Bill Kidd

That would mean that everyone would be working in conjunction with one another rather than battling against one another for decisions. That seems to be perfectly fair.

Section 17 of the bill covers the investment power for a judicial factor in respect of the estate. Would you be comfortable as a judicial factor making environmental, social and governance investments relating to the estate, or would you require an express statement in legislation that that is permitted?

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Bill Kidd

Basically, it is about the necessity of the regulatory role, and people can depend on the fact that that will take place.

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 1

Meeting date: 23 April 2024

Bill Kidd

On that basis, once the court has made the decision on who the judicial factor should be, after looking into the background of the case and what it is about, what happens if someone disagrees? Is it possible for anyone to challenge that decision?