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Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Current session: 13 May 2021 to 13 January 2026
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Displaying 2438 contributions

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Delegated Powers and Law Reform Committee [Draft]

Contract (Formation and Remedies) (Scotland) Bill: Stage 1

Meeting date: 18 November 2025

Stuart McMillan

I welcome our second panel of witnesses, who are Lorna Richardson, senior lecturer at the University of Edinburgh; Dr David Christie, associate dean for academic development and student experience at Robert Gordon University; Dr Jonathan Brown, lecturer in Scots private law at the University of Strathclyde; Professor Stephen Bogle, professor of law and interpersonal justice at the University of Glasgow; and Dr Hamish Patrick, a member of the banking, company and insolvency law sub-committee of the Law Society of Scotland. I welcome you all to the meeting. You do not need to press any buttons, as the microphones will be sorted out for you. If you want to respond to any questions, please just raise your hand or indicate. There is no need to answer every single question if you do not feel that it is for you.

With that, we will move straight to questions. First, can you set out your experiences regarding contract formation and give the committee some examples of how contracts are formed in different sectors—for example in relation to construction, financial services and so on? We will start with Dr Patrick.

Delegated Powers and Law Reform Committee [Draft]

Contract (Formation and Remedies) (Scotland) Bill: Stage 1

Meeting date: 18 November 2025

Stuart McMillan

Thank you for that. The comment that you just made about legislating for every eventuality is something that we heard in the previous session, too, and it is fair to say that, if the Covid experience proved anything, it was that, no matter who is in power, Parliaments cannot legislate for every eventuality. That became crystal clear very early on.

Delegated Powers and Law Reform Committee [Draft]

Contract (Formation and Remedies) (Scotland) Bill: Stage 1

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]

Contract (Formation and Remedies) (Scotland) Bill: Stage 1

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]

Contract (Formation and Remedies) (Scotland) Bill: Stage 1

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]

Contract (Formation and Remedies) (Scotland) Bill: Stage 1

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]

Contract (Formation and Remedies) (Scotland) Bill: Stage 1

Meeting date: 18 November 2025

Stuart McMillan

Professor Brown.

Delegated Powers and Law Reform Committee [Draft]

Contract (Formation and Remedies) (Scotland) Bill: Stage 1

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]

Contract (Formation and Remedies) (Scotland) Bill: Stage 1

Meeting date: 18 November 2025

Stuart McMillan

Professor Bogle.

Delegated Powers and Law Reform Committee [Draft]

Contract (Formation and Remedies) (Scotland) Bill: Stage 1

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.