Report On Judicial Factors: Scottish Law Commission #233 (Scottish Government Papers)

A factor is a person appointed to look after property belonging to another. A judicial factor is a person appointed, and supervised, by the court to gather, hold, safeguard and administer property which is not being properly managed. The existing legislation on judicial factors is archaic, complex, and no longer fit for purpose. With approximately 115 judicial factories at present, and an average of 12 new appointments each year, there is still a strong need for a regime in Scotland enabling the appointment of a responsible and accountable officer to administer and manage estates in the myriad circumstances in which there is no other suitable remedy. A common example today is a judicial factor appointed at the instance of the Law Society of Scotland to firms of solicitors where there has been a breach of professional practice and the firm's liabilities exceed, or appear likely to exceed, its assets. Another example would be where those running a charity appear to have been managing it inappropriately. This report contains a set of recommendations which, if implemented, would put in place an updated and comprehensive regime that would be of benefit to all concerned.The new regime would bring clarity (for example, as to the powers and duties of a judicial factor and the appropriate processes to be followed) , accessibility and efficiency to this vital but outmoded area of the law. Furthermore, the flexibility introduced by the regime would mean that the solution of appointing a judicial factor could become more attractive in a wider range of circumstances