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Seòmar agus comataidhean

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 6 December 2025
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Displaying 2389 contributions

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Delegated Powers and Law Reform Committee [Draft]

Document subject to Parliamentary Control

Meeting date: 18 November 2025

Stuart McMillan

Under agenda item 4, we are considering one document, on which no points have been raised.

Delegated Powers and Law Reform Committee [Draft]

Contract (Formation and Remedies) (Scotland) Bill

Meeting date: 18 November 2025

Stuart McMillan

For clarity, other universities and other courses are available, too.

Delegated Powers and Law Reform Committee [Draft]

Contract (Formation and Remedies) (Scotland) Bill

Meeting date: 18 November 2025

Stuart McMillan

Some of the proposals for the reform of contract law were made in the 1990s or even earlier, as has been highlighted. Why did it take so long for the proposed reforms to lead to a bill? Could anything be done to speed up the pace of reform in future?

Delegated Powers and Law Reform Committee [Draft]

Contract (Formation and Remedies) (Scotland) Bill

Meeting date: 18 November 2025

Stuart McMillan

As we have no further questions, I thank you all for your evidence this morning, and I thank you, Professor MacQueen, for your offer to send over the paper that was mentioned.

Delegated Powers and Law Reform Committee [Draft]

Contract (Formation and Remedies) (Scotland) Bill

Meeting date: 18 November 2025

Stuart McMillan

I am not calling you “Dad”.

Delegated Powers and Law Reform Committee [Draft]

Contract (Formation and Remedies) (Scotland) Bill

Meeting date: 18 November 2025

Stuart McMillan

I have a question for Dr Brown, which is not focused only on this bill. Following your consideration, you did not support the Leases (Automatic Continuation etc) (Scotland) Bill, which was withdrawn, and you are not supportive of this bill. I am just trying to understand whether you think that the SLC is looking at the correct areas of law to be improved or updated, or whether there is some other aspect.

Delegated Powers and Law Reform Committee [Draft]

Contract (Formation and Remedies) (Scotland) Bill

Meeting date: 18 November 2025

Stuart McMillan

Thank you. That was a helpful answer.

That brings me to question 2. I was going to ask whether the proposed reform in front of us is necessary, but you have already answered that clearly. Will the bill provide clarity, transparency and certainty? I think that Ms Richardson highlighted that in her comments a moment ago.

Delegated Powers and Law Reform Committee [Draft]

Contract (Formation and Remedies) (Scotland) Bill

Meeting date: 18 November 2025

Stuart McMillan

Thank you. I will now suspend the meeting briefly to allow a change of witnesses.

10:19 Meeting suspended.  

10:23 On resuming—  

Delegated Powers and Law Reform Committee [Draft]

Contract (Formation and Remedies) (Scotland) Bill

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

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.