Scottish Law Commission 2019 annual report published
The Scottish Law Commission’s Annual Report for 2019 is published today.
Last year was the second year of the Commission’s Tenth Programme of Law Reform, covering 2018-2022. The programme includes a wide range of work: on family law; on the law of homicide; on surrogacy; on self-driving vehicles; on securities over land; on the law of leases; and on damages for personal injury.
The Report outlines progress on the Commission’s law reform work during 2019, progress on implementation of Commission recommendations, and contains a forward look to publications planned for 2020.
These last include a second discussion paper on standard securities, covering post-default issues, targeted for the end of 2020 or early 2021; a report on matters relating to the termination of commercial leases; a discussion paper on the mental element in homicide, in the first half of 2020; a discussion paper on the law relating to cohabitants, expected soon; a discussion paper on damages for personal injury; and (in joint projects with the Law Commission for England & Wales) a third and final discussion paper on the law relating to automated vehicles, and a report on electoral law.
Of 189 law reform reports published since the Commission was established in 1965, the report records, 158, or 84%, have been implemented in whole or in part, and a further five have been superseded, leaving 26, or 13%, on which no legislative action has yet been completed.
Lady Paton, chair of the Commission, comments in the foreword: "2019 was both busy and productive. Publications included a report on s 53 of the Title Conditions (Scotland) Act 2003; a discussion paper on heritable securities pre-default; and two joint consultation papers on surrogacy and autonomous vehicles (projects being carried out with the Law Commission of England & Wales).
"Work continues on those joint projects, together with projects on leases, damages for personal injuries, homicide, cohabitation, insurance, and heritable securities."
She continues: "We have been encouraged by recent developments in the implementation of the Commission’s recommendations. The Scottish Government have introduced a Defamation and Malicious Publication (Scotland) Bill. They have consulted on judicial factors. Their current intention is to take forward the reform of the law of moveable transactions.
"Furthermore, increased capacity in the Scottish Parliament for the implementation of the Commission’s recommendations is hoped to be achieved by a focused review of the criteria currently limiting the referral of Commission bills to the Delegated Powers & Law Reform Committee. A working party has been set up for this purpose, and a report is eagerly awaited."
In addition to "continuing constructive collaboration" with the Scottish Government, university law schools, practitioners and others, and meetings and conferences, "further notable events" included a talk by Lord Drummond Young in October 2019 on the pressing need for trust law reform followed by an article in the Journal of the Law Society of Scotland, and an evidential hearing in a Scottish Parliament committee on reform of the law of moveable transactions.