Busy year ahead for Commission

Scottish Law Commission annual report shows heavy programme for 2005

News, 15 April 2005

Three discussion papers or reports already published and another seven predicted by the end of 2005, show a heavy schedule for the Scottish Law Commission for the current year.

The Commission's annual report for 2004, published today, shows the status of its current projects as well as recording what took place last year.

In 2004 the Commission published three reports (Insanity and Diminished Responsibility, Damages for Psychiatric Injury, and Registration of Rights in Security by Companies), and two further discussion papers (Land Registration: Void and Voidable Titles, and Trustees and Trust Administration). It also consulted on its new Seventh Programme of Law Reform, published earlier this year along with a further report on Unfair Terms in Contracts and a discussion paper, Interest on Debt and Damages.

The Commission's review of the law of rape and other sexual offences, requested after the controversial appeal decisions of 2003, should see a discussion paper published by the end of this year, as should another recurring subject of difficulty in litigation - limitation in personal injury actions, particularly the "knowledge test" and the discretionary power of the courts to allow an action to proceed outwith the three year time limit.

Its land registration project is expected to result in two further discussion papers to add to that on title, one covering registration, rectification and indemnity, scheduled for the summer, followed in the autumn by a paper on servitudes, overriding interests and the Keeper's powers.

The end of the year should also see a report on long leases, and two further discussion papers from the Commission's project of trusts - variation and termination, and legal personality for trusts.

The report can be viewed at www.scotlawcom.gov.uk/html/annual_report.html .