Lord Pentland criticises Scottish government over failure to implement law reforms
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Lord Pentland
The Scottish government’s failure to take steps towards reforming trusts and other areas of law has been criticised by a judge.
In his last report as chairman of the Scottish Law Commission, Lord Pentland said that “the position in respect of trust law is concerning”.
He noted that key stakeholders have “emphasised the need for reform in an area that is of considerable importance to society and the economy” but that the Scottish government “has not yet provided a substantive response” to the commission’s report – published five years ago on an area of law whose main current legislation is almost a century old.
“I would urge them to do so without further delay,” Lord Pentland said.
He also pointed out that the government is still sitting on a 2012 report on similar fact evidence and the Moorov doctrine.
“Here too reform is urgently needed because the law is unclear and gives rise to real difficulties in practice.”
Finally, a 2017 report on moveable transactions that would help Scottish businesses “gain access to finance and to reduce the advantage held by businesses regulated by English law” remains unimplemented.
Lord Pentland said: “I encourage the Scottish government to move forward rapidly with its consideration of our recommendations.”
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