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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 7 February 2026
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Displaying 427 contributions

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Delegated Powers and Law Reform Committee [Draft]

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

Meeting date: 25 November 2025

Roz McCall

I will come back to that point, if I can. Maybe other witnesses would like to answer my next question. Should there be a right to contract out of the new rules on the law of retention? Would that solve the problem?

Delegated Powers and Law Reform Committee [Draft]

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

Meeting date: 25 November 2025

Roz McCall

Okay. Will you expand on the comments that you made in your written evidence that there needs to be separate consideration of the problems with retention clauses in construction contracts? You said that the UK Government is currently looking at the payment process. Are your concerns purely about the payment issue?

Delegated Powers and Law Reform Committee [Draft]

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

Meeting date: 25 November 2025

Roz McCall

Thank you for that. Do you have anything to add, David?

Delegated Powers and Law Reform Committee [Draft]

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

Meeting date: 25 November 2025

Roz McCall

That is very interesting. So, you are saying, “If it ain’t broke, don’t try to fix it.”

Colin, do you have anything to add from your federation’s perspective?

Delegated Powers and Law Reform Committee [Draft]

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

Meeting date: 18 November 2025

Roz McCall

That is excellent.

Delegated Powers and Law Reform Committee [Draft]

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

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: Stage 1

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: Stage 1

Meeting date: 18 November 2025

Roz McCall

I understand.

Delegated Powers and Law Reform Committee [Draft]

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

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: Stage 1

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?