The Scottish Law Agents Society have released a response to the Consultation paper of the Scottish Law Commission, titled COMPANY DIRECTORS-Regulating Conflicts of interest.
The response is avaliable to read online.
The committee has been continuing its deliberations on this topic in the light of the recent decision of Yule v South Lanarkshire Council and hopes to be able to give some guidance to members soon. This was an application for a judicial review in which the petitioner, Mrs.
The committee noted that The Law Society of England and Wales is to revise its practice rule on acting for lenders and borrowers in conveyancing transactions.In future it will be possible to act for both parties only where the lender has not imposed unreasonable requirements.
These are still under review in the light of recent developments such as the Resolution passed at the recent IBA conference to the effect that there should be rigorous regulation of MDPs if allowed, to ensure that risks relating to conflict of in
The Society submitted its Response to the Papers on the proposals to increase jurisdiction limits in the Sheriff Courts and the proposed new Rules for Summary causes and small claims in the Sheriff Court. Copies can be obtained from the Secretary.