Skip to main content
Loading…

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.  

Filter your results Hide all filters

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 4 May 2021
  6. Current session: 13 May 2021 to 2 January 2026
Select which types of business to include


Select level of detail in results

Displaying 835 contributions

|

Meeting of the Parliament

Sustainable Food Supply

Meeting date: 18 May 2023

Oliver Mundell

They see the fall in populations where lack of housing and poor infrastructure mean rural clearances by stealth and by design and they do not appreciate motions like today’s, which suggest that the problem lies somewhere else.

Meeting of the Parliament

Sustainable Food Supply

Meeting date: 18 May 2023

Oliver Mundell

Will the member take an intervention?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 2 May 2023

Oliver Mundell

I want to ask about litigation expenses and, in particular, the Law Society’s concerns about section 65. The Law Society was quite outspoken on that, citing

“a severe danger of a conflict of interest”

and describing section 65 as

“quite a radical provision”,

which, it suggested, may deter people from becoming trustees or lead them to unfavourably settle or to abandon legal proceedings for fear of personal liability. Do you have any comments in response?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 2 May 2023

Oliver Mundell

You would recognise the risk for parliamentarians and the Parliament in seeking to proceed with the legislation. If you read its submission as a whole, the Law Society is generally quite discursive about the bill. When I see words like

“severe danger of a conflict of interest”,

“radical provision” and “real issues”, it starts to worry me that the balance might not be quite right.

The Law Society also points out that non-recovery is a standard risk of litigating. I am thinking of examples where people take on roles in charitable trusts, not expecting that their personal property might be at risk if they proceed with litigation. I hear what you are saying about what the court “may” do, but if someone is taking legal advice it should be clear that there will always be a risk associated with that. I am just trying to satisfy myself that the bill strikes the right balance.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 2 May 2023

Oliver Mundell

The second part of my question was about whether you think that there is sufficient capacity and expertise to handle that.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 2 May 2023

Oliver Mundell

I will ask about the codification of trust law. The Law Society of Scotland and the Scottish Law Agents Society have expressed their support for the bill overall, but expressed regret that it is not a complete codification of trust law. For the committee’s benefit, what did you see as the drawbacks of attempting a full codification?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 2 May 2023

Oliver Mundell

The Law Society suggests that the starting point, or the principle, should be that trustees should not have any personal liability unless it can be shown that it is fair for them to be liable, so it is suggesting flipping that point around. Without summarising its position unfairly, from my reading it seems that it is suggesting that the principle that personal liability should be introduced is wrong.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 2 May 2023

Oliver Mundell

The policy concern stems partly from the fact that lots of people who interact with trusts might not be familiar with the law and court proceedings. I guess that the point is that, if someone was looking at taking on responsibilities for a small charitable trust or interacting with a trust of relatively modest size, the fact that they might become personally liable could put them off.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 2 May 2023

Oliver Mundell

I will ask a final question about something that I have thought of as you have been answering questions. Would there be merit in putting in the bill an exemption from personal liability when people act in a charitable capacity or when a trust is relatively modest?

11:45  

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 2 May 2023

Oliver Mundell

Do you expect that there will be more legal action as a result of the bill or could the bill reduce the amount of litigation? Is there sufficient capacity in the sheriff court to deal with such cases?