Law Reform – Edinburgh Private Law Blog

Scottish Trust Law Reform and the Role for the Courts

Scottish Trust Law Reform and the Role for the Courts

Published 26th September 2023

by Daniel J. Carr, Senior Lecturer in Private Law, Edinburgh Law School

A. INTRODUCTION

Change is coming to trusts law in Scotland. November 2022 saw the introduction of the Trusts and Succession (Bill) (“the Bill”) in the Scottish Parliament, and on 15^th September 2023 the Delegated Powers and Reform Committee (“the Committee”) published its broadly supportive Stage 1 Report on the Trusts and Succession (Scotland) Bill (“the S1 Report”). The Parliament is scheduled to hold the Stage 1 Debate on the Bill on 28^th September 2023. It is, therefore, a good time to build upon several of the Committee’s recommendations to illustrate the potentially significant change in the role of the courts heralded by the Bill’s current form.[1] The cumulative effect of the Bill’s provisions[2] is to increase the scope for the courts’ involvement, potentially significantly altering the culture and approach to Scottish trusts by changing the courts’ terms of engagement with trusts and trustees. What happens in the evolution of that engagement will determine much of the substantive doctrine and practical content of trust law, and therefore the very nature of the Scottish trust as a legal institution.

Sep 26, 2023 Leave a Comment

Building families through surrogacy (I): Reform of surrogacy law

Building families through surrogacy (I): Reform of surrogacy law

Published 25th May 2023

In the first of two-part posting, Professor Gillian Black (Commissioner, Scottish Law Commission and Chair of Scots Private Law, University of Edinburgh), Professor Nick Hopkins (Commissioner, Law Commission of England and Wales), and Nic Vetta (Legal Assistant, Scottish Law Commission) outline the Commissions’ joint proposals for a new regulatory regime for surrogacy in Scotland and in England and Wales.

On 29 March, the published their joint report, Building families through surrogacy: a new law. The report and draft bill outline a new regulatory regime for surrogacy that offers more clarity, safeguards and support.

In this blog, we set out our main recommendations for reform of surrogacy law and then in the following post provide a closer examination of the specific recommendations relating to access to information for surrogate-born children, and how these will provide much greater benefits for surrogate-born children from a child rights perspective.

May 25, 2023 Leave a Comment

Compensating unpaid domestic care in the testamentary context II: Possible approaches and potential objections

Compensating unpaid domestic care in the testamentary context II: Possible approaches and potential objections

Published 7th December 2022

by Professor Alexandra Braun, Lord President Reid Chair of Law

In a previous blog entry, I examined whether current Scots law allows unpaid domestic carers to bring a claim against the estate of the person whom they have cared for. We saw that in Scotland, unpaid carers who are not in a contractual relationship with the care-recipient and who have not been provided for in the care-recipient’s will, only have a limited set of possible options and that the value of informal care is not currently recognised by way of a specific entitlement against the estate of the care-recipient. What is the situation elsewhere?

Dec 7, 2022 2 Comments

Moveable Transactions (Scotland) Bill

Moveable Transactions (Scotland) Bill

Published 2nd June 2022

by Andrew Steven, Professor of Property Law, University of Edinburgh.

The Moveable Transactions (Scotland) Bill was introduced to the Scottish Parliament on 25 May. The Scottish Government is therefore implementing the recommendations made by the Scottish Law Commission in its three-volume Report on Moveable Transactions (Scot Law Com No 249, 2017). The Public Finance Minister, Tom Arthur MSP has described the Bill as “vital to helping businesses and the wider economy”.

The report was the culmination of a large project conducted by the Commission. Its Discussion Paper of 2011 (Scot Law Com DP No 151, 2011), on which Professor George Gretton, Lord President Reid Professor of Law Emeritus in Edinburgh Law School was lead Commissioner, was the subject of a symposium by the Edinburgh Centre for Private Law in October 2011. The papers presented were published in the May 2012 issue of the Edinburgh Law Review. Following this symposium and consultation, I was responsible as lead Commissioner for taking the project through to the 2017 Report. It has a draft Bill annexed to it, on which the Scottish Government Bill is based. The Bill is arguably the largest reform to Scottish moveable property law since the Sale of Goods Act 1893, although its successor, the Sale of Goods Act 1979, falls outwith scope because of its UK-wide application.

Jun 2, 2022 Leave a Comment

Electronic trade documents in Scots law

Electronic trade documents in Scots law

Published 14th April 2022

By Andrew Steven, Professor of Property Law, University of Edinburgh

Economic importance

In 2021 international trade was worth approximately £1.266 trillion to the UK. The moving of goods across borders still heavily relies on paper documents and practices which developed centuries ago. A trade finance transaction typically involves 20 entities and between 10 and 20 paper documents, totalling over 100 pages. Recent technological developments have enabled the use of secure forms of electronic documents. But the law requires to catch up.

Apr 14, 2022 Leave a Comment

Tag: Law Reform

Scottish Trust Law Reform and the Role for the Courts

Building families through surrogacy (I): Reform of surrogacy law

Compensating unpaid domestic care in the testamentary context II: Possible approaches and potential objections

Moveable Transactions (Scotland) Bill

Electronic trade documents in Scots law

By Andrew Steven, Professor of Property Law, University of Edinburgh

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