Scottish Law Commission

Views on the Scottish Law Commission's report on the review of contract law are being sought. The commission reported in March 2018 on a review of contract law dealing with the topics of formation, interpretation, remedies for breach and penalty clauses.

Professor Frankie McCarthy has been re-appointed as a commissioner of the Scottish Law Commission for three years. A professor of private law at the University of Glasgow, she has been in post first as a lecturer, then a senior lecturer, since 2007.

Thousands of retail businesses, cafes, pubs, takeaways, hairdressers, wholesale, and distribution centres lease their premises. What happens as the lease comes to an end? Can it be renewed? If not, how much time should the tenant have to find suitable alternative premises? These questions, and other

The Scottish Law Commission has published its discussion paper consulting on reform of the law of the tenement. A tenement is any building made up of at least two flats divided from each other horizontally and intended to be in separate ownership. Modern apartment buildings, high flats and converted

The Scottish Law Commission’s annual report for 2023 has been published. The report outlines progress on the commission’s law reform work during 2023. It explains the commission’s work to promote law reform, notes the implementation to date of the commission’s recommendations

The Scottish Law Commission has today published a third discussion paper consulting on reform of the law of securities granted over land and buildings in Scotland. Heritable securities – often referred to as mortgages – are at the heart of many high-value commercial property and finance

The Scottish Law Commission’s Annual Report 2022 has been published today. The report outlines progress on the commission’s law reform work during 2022. It explains the progress made on implementation of the commission’s recommendations, outlines the commission’s work to prom

The Scottish Law Commission has published its report and draft bill on financial provision for cohabitants on cessation of cohabitation otherwise than on death. It recommends reform of sections 25 to 28 of the Family Law (Scotland) Act 2006. Section 29 of the Act, dealing with claims by surviving co

The Scottish Law Commission has recommended a new set of rules for the ending of leases of commercial property in Scotland, replacing the existing common law of tacit relocation. At present, tacit relocation – the automatic continuation of a lease at the expiry of the period for which it was g

The Scottish Law Commission has launched a public consultation on the law reform work that it should carry out in the future. The commission is seeking views on which areas of Scots law are most in need of reform. Reform may be needed because the law is causing difficulties in practice, for example

The Scottish Law Commission’s Annual Report 2021 has been published. The report outlines progress on the commission’s law reform work during 2021. It explains the progress made on implementation of the commission’s recommendations, outlines the commission’s work to promote la

The Scottish Law Commission is seeking views on a new discussion paper on damages for personal injury.  Damages for personal injury are a sensitive type of civil claim because they involve a delicate balance of interests. The principle of restitutio in integrum – putting a person in the p

The Scottish Law Commission has received a reference from the Scottish government on establishing compulsory owners’ associations in tenement properties. The project will consider changes to the law in order to establish compulsory owners’ associations for tenement properties.

The Scottish Law Commission has today published a second discussion paper consulting on reform of the law of securities granted over land and buildings in Scotland. Heritable securities, often referred to as 'mortgages', are essential to the economy. Without them, many people could not afford to buy

The Scottish Law Commission today has published a discussion paper on updating the mental element in homicide. The crimes of murder and culpable homicide are generally regarded as the most serious of all crimes in Scots law, in terms of gravity and impact on victims and their families.