The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
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Delegated Powers and Law Reform Committee [Draft]
Meeting date: 18 November 2025
Stuart McMillan
As there are no further questions, I thank the witnesses for their helpful and insightful evidence. The committee might follow up some issues in writing in due course. That concludes the public part of the meeting.
11:47 Meeting continued in private until 11:52.Delegated Powers and Law Reform Committee [Draft]
Meeting date: 18 November 2025
Stuart McMillan
Yes, thank you. We may be in touch with you with some further questions.
Delegated Powers and Law Reform Committee [Draft]
Meeting date: 18 November 2025
Stuart McMillan
I will come back to Dr Patrick for a moment. You touched on the Law Society’s submission and used the word “incremental”. Does the Law Society consider that, if the bill in front of us deals only with certain remedies for breach of contract, it could lead to fragmentation and legal uncertainty?
Delegated Powers and Law Reform Committee [Draft]
Meeting date: 18 November 2025
Stuart McMillan
The bill is quite limited in scope, as we discussed with the previous panel. Your written submissions are quite clear about what you think about that, but it would be useful to get on the public record your thoughts and views with regard to the limits of the bill. Should the bill be broader, or should a different approach taken with regard to wider contract law?
Delegated Powers and Law Reform Committee [Draft]
Meeting date: 18 November 2025
Stuart McMillan
Professor Brown.
Delegated Powers and Law Reform Committee [Draft]
Meeting date: 18 November 2025
Stuart McMillan
Do you have a view on the arguments that Dr Jonathan Brown of the University of Strathclyde made in response to our call for views that the existing common law on contract does not need any reform or that any reform should have a wider ambit, taking into account other aspects of Scots private law?
Delegated Powers and Law Reform Committee [Draft]
Meeting date: 18 November 2025
Stuart McMillan
Professor Bogle.
Delegated Powers and Law Reform Committee [Draft]
Meeting date: 18 November 2025
Stuart McMillan
Agenda item 5 is evidence taking from two panels of witnesses on the Contract (Formation and Remedies) (Scotland) Bill. I welcome the members of our first panel, who are from the Scottish Law Commission: Lady Ann Paton, chair; Professor Hector MacQueen, former lead commissioner; and Rachel Rayner, chief executive.
There is no need to worry about the microphones, which will be dealt with for you. If you would like to respond to a question, please raise your hand. There is no need to answer every question; you can simply indicate if you do not wish to respond. However, after the meeting, please feel free to follow up in writing on any question, if you wish to do so.
I am happy to hand over to Lady Paton to make some opening remarks.
Delegated Powers and Law Reform Committee [Draft]
Meeting date: 18 November 2025
Stuart McMillan
The committee certainly enjoys doing this type of work. It is a welcome change from the secondary legislation that we usually look at.
I hand over to Roz McCall.
Delegated Powers and Law Reform Committee [Draft]
Meeting date: 18 November 2025
Stuart McMillan
Under agenda item 3, we are considering five instruments, on which no points have been raised.