Contract and Delict law

In 2018, the Scottish Law Commission published a Report on Review of Contract Law: Formation, Interpretation, Remedies for Breach, and Penalty Clauses.

The Scottish Government consultation sought views on whether circumstances have changed since the Report was published and whether the views previously expressed still hold.  

• Find out more on the Scottish Government website
• Find out more abut the SLC 2018 Report on Review of Contract Law
• Read our response

The UK Space Agency consultation on Orbital Liabilities, Insurance, Charging and Space Sustainability, sought views on a proposal for a variable liability limit approach to setting insurance requirements for satellite operations , which would implement a world-first approach whereby the liability limits for satellite operators’ missions would be determined by operators’ implementation of measures against a number of policy areas which the UK Government wishes to promote as part of its emerging sustainability agenda.

• Find out more on the UK Government website
• Read our response

The Scottish Government has issued a consultation on proposed commencement regulations under the Prescription (Scotland) Act 2018

• The Law Society's response - October 2020

The Scottish Government has issued a consultation exploring aspects of the Scottish Law Commission’s recommendations in their report on defamation and accompanying draft bill, to ensure that any reform to defamation law is fully tested.

• View the consultation on the Scottish Government's website
• The Law Society of Scotland's response (April 2019)

The Law Commission and Scottish Law Commission have issued a consultation on the draft Insurable Interest Bill.

• View the consultation on the Scottish Law Commission website
• The Law Society of Scotland's response (October 2018)

The Scottish Law Commission (SLC) has issued a consultation on a working draft of a Bill on the formation of contract law prior to publishing a final draft Bill on formation and a final report (on formation, interpretation, penalty clauses and remedies for breach) in 2018.

• View the draft Bill and accompanying papers on the SLC website
• The Law Society of Scotland's response (November 2017)

The Scottish Law Commission (SLC) has issued a consultation on a working draft of a Bill on Defamation and Malicious Publications prior to publishing a final draft Bill and report later this year.

• View the draft Bill and accompanying papers on the SLC website
• The Law Society of Scotland's response (September 2017)

The Scottish Law Commission (SLC) has issued a consultation on it's discussion paper on remedies for breach of contract.

• View the discussion paper on the SLC website
• The Law Society of Scotland's response (October 2017)

The Scottish Law Commission's project on aspects of the law of prescription is in its final stages. The Commission has issued a consultation before the draft Bill is finalised and published with a report in Summer 2017.

• View more information on the project on the SLC website
• The Law Society of Scotland's response (March 2017)

James Dornan MSP has issued a consultation on his proposal for a Bill to make Scottish professional football clubs strictly liable for their supporters' behaviour.

• View the consultation on the Scottish Parliament website
• The Law Society of Scotland's response (March 2017)

The Scottish Law Commission (SLC) has issued a consultation on their Discussion Paper on Penalty Clauses.

• View the consultation on the SLC website
• The Law Society of Scotland's response (March 2017)