Securities paper published through law reform collaboration

The collaboration agreement between the Scottish Law Commission and 10 Scottish law schools has resulted in the publication of a research paper on enforcement of heritable securities.

The study by Dr John MacLeod, formerly of the University of Glasgow and recently appointed to the University of Edinburgh, was carried out for the Commission under the 2016 agreement between the Commission and the Scottish Law Schools (click here for news item). This sets out a framework for enhanced joint working between the Commission and the academic community, enabling academics to contribute to the Commission's project work through their research and other expertise, and influence the law reform process.

Dr MacLeod's paper describes and analyses the law on enforcement in England & Wales, France, Germany, New Zealand and South Africa, with a view to finding models on which Scotland can draw. It develops a series of fundamental structural and policy questions which can be used as a framework within which the particular legal systems can be considered, before applying these questions to Scotland and to five comparator jurisdictions.

Any views expressed in the paper are Dr MacLeod's own, but the Commission says it "expects to make substantial use of the paper" during its project.

Click here for news of the project and to access the paper.