Professional practice updates 2013

Professional practice updates March 2013

The Courts Reform (Scotland) Bill

Undertakings in relation to executry bonds of caution

The Courts Reform (Scotland) Bill

The Scottish Government have begun a consultation on the way civil cases and summary criminal cases are dealt with by the Scottish Courts. The Courts Reform (Scotland) Bill provides the legal framework for implementing the majority of the recommendations made in the Scottish Civil Courts Review, led by Lord Gill. These include redistributing business from the Court of Session to the sheriff courts, creating a new lower tier of judiciary in the sheriff court called summary sheriffs. Other proposals include a new national sheriff appeal court and a new national specialist personal injury court. The Society's Civil Justice Committee are leading a working party who are preparing a response to the Consultation. If members wish to make comments to the working party, please send then to the Committee Secretary - fjrobb@lawscot.org.uk by the end of April. The consultation closes on 24 May.

Undertakings in relation to executry bonds of caution

It has been reported to the Professional Practice Department that in relation to a recent application for  an executry bond of caution, submitted via a firm of solicitors, the insurers sought an extremely onerous undertaking, not from the executor applicant but from the solicitors dealing with the administration of the estate.

The Professional Practice Department has not received any other reports about such undertakings, but it is keen to draw this development to the notice of the profession, so that all members involved in this work consider carefully the terms of any such undertakings sought from them.

The Professional Practice Department is also keen to gather information about the prevalence and terms of such undertakings currently being sought from solicitors in relation to such executry bonds of caution. Solicitors involved in such work are therefore requested to email to stellamccraw@lawscot.org.uk by 26 April 2013 samples of such undertakings recently granted or currently sought from them, redacted as appropriate in relation to client information.