News In Focus
6 September 2010
Society in law reform double header
The Law Society of Scotland is to give evidence to a parliamentary committee tomorrow on two separate areas of law reform.
Holyrood's Justice Committee has invited the Society to give its views in sessions on the EU's Justice and Home Affairs Agenda and the Damages (Scotland) Bill.
In the EU session, the Society's Director of Law Reform, Michael Clancy, and Julia Bateman, head of the UK Law Societies' Brussels Office, will speak on the European Commission's Work Programme (CWP) for 2010-11. The session follows a request from the Parliament's European and External Relations Committee that other subject committees look at EU policy and legislative proposals which could have a potential impact on Scotland. These include proposals to bring Europe out of the economic crisis, to assist businesses and citizens, and those relating to crime and policing.
Mr Clancy said: "The key issues that the Society will bring to the attention of the committee are those that go to the heart of the Scottish legal system such as private client matters, including succession and family law, and reform of the law of contract. The Society's commitment to protecting fair trial rights and promoting access to justice means we will highlight recent proposals to protect suspects and defendants abroad, such as receiving a letter of rights."
The Society also intends to highlight the issue of how to maximise engagement with the EU institutions on justice matters to ensure that Scotland's interests - particularly in the devolved areas - are served.
Ms Bateman added: "Based in the heart of the EU district, our Brussels Office ensures that the views of practitioners in Scotland are put to legislators and decision-makers. We provide an early warning mechanism of what is coming down the line that is important for Scotland."
Room for debate
The session on the Damages (Scotland) Bill will be attended by Graeme Garrett of the Society's Obligations Committee and a partner in Digby Brown solicitors, who specialise in personal injury claims. In its written evidence submitted in August, the Society agreed with the Scottish Law Commission that there is no need for fundamental reform of this area of law, but highlighted four areas which have prompted more debate.
Mr Garrett said: "The areas we have highlighted in our evidence include the introduction of a new method of calculating the damages payable to a victim’s family – which reflects a more modern society and does not assume that one partner, historically the husband or father, is the main breadwinner.
"We have also highlighted our major concerns with the recommendation that the right to sue for patrimonial [i.e. financial] and non-patrimonial loss should be restricted to the deceased's immediate family – it is not uncommon for example, that an aunt or uncle may be supporting a niece or nephew through their education, and it does not seem fair that that individual may then be deprived of the right to seek damages for loss of that actual support."
The Society has also responded to the Scottish Government's consultation on Damages for Wrongful Death. Click here to access both responses.