News In Focus
12 February 2010
Scottish Law Commission launches eighth programme
The Scottish Law Commission today published its Eighth Programme of Law Reform, which will form the main basis for its work over the next five years.
Approved by Scottish Ministers and laid before the Scottish Parliament, the programme was prepared following extensive consultation with the legal profession and other interested bodies, as well as views received from the public. Two of the new projects reflect suggestions made by consultees, and the scope of two projects being carried forward has also been changed significantly following comments received.
The Eighth Programme contains a mix of ongoing work from the previous programme and new projects to be undertaken, and of short, medium and long term projects to take the Commission through to the end of
2014.
The four projects carried forward from the previous programme are:
- security over corporeal and incorporeal moveable property, and assignation of incorporeal moveable propert;
- trusts;
- judicial factors; and
- homicide.
In addition six new projects have been identified:
- criminal liability of partnerships;
- law of contract in light of the Draft Common Frame of Reference, a contemporary statement of contract law, based on comparative research from across the European Union;
- adults with incapacity;
- compulsory purchase;
- heritable securities; and
- prescription and corporeal moveable property.
The Commission's chairman, Lord Drummond Young, said: "We are very grateful to all those who took part in our consultation exercise by commenting on our proposals or suggesting other topics for reform. Their views have helped to shape our plans for the next five years. Our new programme includes a significant element of commercial law. We hope that our projects in this area will help to achieve a modern and efficient system of commercial law for Scotland, which is very important in promoting the development of the economy."
The Commission will also continue to deal with requests for advice received from the Scottish Government and Government departments, such as similar fact evidence and the Moorov doctrine which is currently under consideration.
It will also liaise with the Law Commission for England & Wales, possibly carrying out joint projects such as the current work on insurance law and on level crossings.