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Chamber and committees

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 27 November 2025
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Displaying 393 contributions

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Delegated Powers and Law Reform Committee [Draft]

Contract (Formation and Remedies) (Scotland) Bill

Meeting date: 18 November 2025

Roz McCall

I understand.

Delegated Powers and Law Reform Committee [Draft]

Contract (Formation and Remedies) (Scotland) Bill

Meeting date: 18 November 2025

Roz McCall

I understand.

What are your views of arguments that have been made in response to the call for views that guidance will be needed on the bill—for example, on how the new rules would interact with areas of contract law that would remain governed by common law?

Delegated Powers and Law Reform Committee [Draft]

Contract (Formation and Remedies) (Scotland) Bill

Meeting date: 18 November 2025

Roz McCall

Hello everyone. I am not bothered about who wants to start, but I am looking for general comments on the bill’s role regarding remedies for breach of contract. Who would like to go first?

Delegated Powers and Law Reform Committee [Draft]

Contract (Formation and Remedies) (Scotland) Bill

Meeting date: 18 November 2025

Roz McCall

There might be another line of questioning a little later about future amendments on the law of retention.

Does anyone want to add anything to Lorna Richardson’s comprehensive contribution about breach of contract?

Delegated Powers and Law Reform Committee [Draft]

Contract (Formation and Remedies) (Scotland) Bill

Meeting date: 18 November 2025

Roz McCall

That makes perfect sense.

Delegated Powers and Law Reform Committee [Draft]

Contract (Formation and Remedies) (Scotland) Bill

Meeting date: 18 November 2025

Roz McCall

That is excellent.

Delegated Powers and Law Reform Committee [Draft]

Contract (Formation and Remedies) (Scotland) Bill

Meeting date: 18 November 2025

Roz McCall

That is very interesting. What is your view of the Law Society’s response to the committee’s call for views that the bill’s dealing with only certain remedies for breach of contract could lead to fragmentation and legal uncertainties in the long term?

Delegated Powers and Law Reform Committee [Draft]

Contract (Formation and Remedies) (Scotland) Bill

Meeting date: 18 November 2025

Roz McCall

That is interesting. Given that the idea is to take a smaller-is-slightly-better approach to reform, can you outline any plans that the Law Commission has for further reform of contract law?

Delegated Powers and Law Reform Committee [Draft]

Contract (Formation and Remedies) (Scotland) Bill

Meeting date: 18 November 2025

Roz McCall

Professor MacQueen, why was the decision made to reform the law on formation of contract and certain aspects of the law of remedies for breach of contract, instead of contract law more generally?

Delegated Powers and Law Reform Committee [Draft]

Contract (Formation and Remedies) (Scotland) Bill

Meeting date: 18 November 2025

Roz McCall

Understood. Dr Christie, do you have anything else to add before I move on to the next question?