Skip to content
Law Society of Scotland
Search
Find a Solicitor
Contact us
About us
Sign in
Search
Find a Solicitor
Contact us
About us
Sign in
  • For members

    • For members

    • CPD & Training

    • Membership and fees

    • Rules and guidance

    • Regulation and compliance

    • Journal

    • Business support

    • Career growth

    • Member benefits

    • Professional support

    • Lawscot Wellbeing

    • Lawscot Sustainability

  • News and events

    • News and events

    • Law Society news

    • Blogs & opinions

    • CPD & Training

    • Events

  • Qualifying and education

    • Qualifying and education

    • Qualifying as a Scottish solicitor

    • Career support and advice

    • Our work with schools

    • Lawscot Foundation

    • Funding your education

    • Social mobility

  • Research and policy

    • Research and policy

    • Research

    • Influencing the law and policy

    • Equality and diversity

    • Our international work

    • Legal Services Review

    • Meet the Policy team

  • For the public

    • For the public

    • What solicitors can do for you

    • Making a complaint

    • Client protection

    • Find a Solicitor

    • Frequently asked questions

    • Your Scottish solicitor

  • About us

    • About us

    • Contact us

    • Who we are

    • Our strategy, reports and plans

    • Help and advice

    • Our standards

    • Work with us

    • Our logo and branding

    • Equality and diversity

  1. Home
  2. News and events
  3. Law Society news
  4. MSPs vote for major reforms to improve judicial factors law

MSPs vote for major reforms to improve judicial factors law

11th December 2024

The Law Society of Scotland says finalised legislation to modernise the law around judicial factors provides for significant improvements when such arrangements are needed to safeguard money and other assets.

MSPs voted yesterday in the Scottish Parliament to give final Stage 3 approval for the Judicial Factors (Scotland) Bill. The bill will now be sent for Royal Assent, and its provisions will come into force in due course.

The Law Society provided briefings to MSPs and engaged with the Scottish Government through the legislative process, and had previously worked extensively with the Scottish Law Commission in developing a framework for reform.

The new legislation reforms procedures for the appointment of a judicial factor and how they operate to protect money and other property in a variety of circumstances, including clients of solicitors when accounts rules have been breached.

The Convener of the Law Society’s Regulatory Committee, David Gordon, said: “These reforms are a substantial step forward in situations where a judicial factor steps in to protect money and other assets. Most of the current legislation is well over 100 years old and we’ll now have laws fit for the 21st century.

“We are grateful to MSPs for adopting a number of changes suggested by the Law Society and others to improve this legislation. The final result is an even stronger system around the important work of judicial factors.

“Our primary focus through this process has been in relation to the appointment of a judicial factor to protect client funds and other assets held by a solicitor or law firm, however this legislation will also benefit in other important areas including child and family law, trusts, and charity law as well as situations where a judicial factor is appointed to the estate of a missing person.”

Judicial factors reform a step forward but refinement still needed

New legislation to reform judicial factors is a step in the right direction but could be further improved to ensure clarity, accessibility and efficiency, according to the Law Society of Scotland.
Read more about Judicial factors reform a step forward but refinement still needed
Add To Favorites

Additional

Categories

  • New lawyers
  • Law Society news
  • Regulation
  • Research and policy
  • Legal aid
  • Professional support
  • Wellbeing
  • Business support
  • Equality and diversity
  • International
  • In-house lawyers
  • Schools
  • For the public
  • Videos
  • Fraud alerts
  • Career growth
  • Member benefits
  • Law and technology
  • Professional skills courses
  • Aberdeen
  • Edinburgh
  • Glasgow
  • Perth
  • Inverness
  • Commercial skills for young professionals
  • Roadshow
  • CPD event
  • Working in-house
  • Public Policy Committee
  • Roadshows
  • careers
  • property (non-commercial)
  • licensing
  • Journal online news
  • Sustainability
  • Policy committees

News Archive

  • 2025
  • 2024
  • 2023
  • 2022
  • 2021
  • 2020
  • 2019
  • 2018
  • 2017
  • 2016
  • 2015
  • 2014
  • 2013
Law Society of Scotland
Atria One, 144 Morrison Street
Edinburgh
EH3 8EX
If you’re looking for a solicitor, visit FindaSolicitor.scot
T: +44(0) 131 226 7411
E: lawscot@lawscot.org.uk
About us
  • Contact us
  • Who we are
  • Strategy reports plans
  • Help and advice
  • Our standards
  • Work with us
Useful links
  • Find a Solicitor
  • Sign in
  • CPD & Training
  • Rules and guidance
  • Website terms and conditions
Law Society of Scotland | © 2025
Made by Gecko Agency Limited