Bill on third party rights “a positive development”
Proposed legislation on third party rights in contract is “a positive development”, the Faculty has told MSPs.
In oral evidence to the Scottish Parliament’s Delegated Powers and Law Reform Committee, Ross Anderson, Advocate, for the Faculty, said he agreed that statutory rules were needed in this area of the law.
“The existing authority on the subject is a House of Lords decision from 1920, which makes development of the law very difficult unless a litigant was able and willing to take matters to the House of Lords equivalent today, which is the Supreme Court,” said Mr Anderson.
The Committee is scrutinising the Contract (Third Party Rights) (Scotland) Bill.
Mr Anderson stated: “In broad terms, we welcome the Bill. We think it is a positive development.”
The evidence session can be seen at http://www.scottishparliament.tv/Archive/Index/8f729f04-7a70-4b24-a87f-e2b416ebde5e?categoryId=9ca9f130-1334-45c9-9aa3-0f97f11b713d&parentCategoryClicked=False&pageNumber=1&orderByField=ScheduledStart&queryOrder=DESC
The Faculty’s written response to a Scottish Government consultation on the Bill is here