Obligations law

Damages Act 1996: the discount rate - how should it be set?

This consultation relates to the methodology to be used by the Lord Chancellor and his counterparts in Scotland and Northern Ireland in independently setting the discount rate for personal injury damages in their respective jurisdictions.

Joint Consultation Paper: The Business Insured's Duty of Disclosure and the Law of Warranties

This is the third and final consultation paper in the English and Scottish Law Commissions' joint review of insurance contract law.

Proposed Apologies (Scotland) Bill

A proposal for a Bill to provide that an expression of apology does not amount to an admission of liability and is inadmissible as evidence, for the purposes of certain legal proceedings.

Reforming the law on Scottish unincorporated associations and criminal liability of Scottish partnerships

The consultation document proposes reforming the law and seeks views on two topics; firstly, the proposal to attribute legal personality to unincorporated associations where they meet certain statutory criteria and secondly, to reform on the law on criminal liability of dissolved Scottish partnerships and their partners, with the principle intention to address a loophole in Scots law that allows Scottish partnerships to escape prosecution for potentially serious offences by dissolving.

Review of Contract Law Discussion Paper on Formation of Contract (Discussion Paper No 154)

The paper includes an examination of the postal acceptance rule, the "battle of the forms", and the law and practice relating to "execution in counterpart".  The last of these issues, which relates to the way in which contracts agreed between parties may be signed other than at a traditional "all parties" signing session, is an area of law which - the SLC are told - is currently unsatisfactory, especially in comparison with English law and practice. In bringing forward law reform proposals in this area the SLC seek to provide for electronic signatures as well as for traditional "wet ink" ones.

Scottish Government Consultation - Investing in Businesses in Scotland: Floating Charges

The Scottish Government is considering the scope for introducing an improved approach to the registration and creation of floating charges in Scotland. A number of organisations and individuals were contacted to provide their views.

A Common European Sales Law for the European Union - A proposal for a regulation

This call for evidence seeks evidence about the European Commission's proposed regulation for a Common European Sales Law. The government has issued this call for evidence with the aim of obtaining evidence/views from UK interests to develop its future position on the proposed regulation. The call for evidence also seeks, where possible, specific statistical data and potential costs, benefits and risks of operating an alternative EU contract law regime for cross-border sales alongside national domestic laws in this area.

Law Commissions - Insurance Contract Law: Post Contract Duties and Other Issues

The Scottish Law Commission is assisting the Law Commission for England and Wales with this project which they are carrying out under their tenth programme of law reform. The paper includes proposals to improve remedies for late payment of valid inurance claims, clarify the law on insurers' remedies for fraudulent claims, extend the categories of life insurance and simplify the law on policies and premiums in marine insurance.

BIS Call for Evidence on EU proposals for Alternative Dispute Resolution (ADR)

This call for evidence seeks views from UK stakeholders on recent proposals from the European Commission on consumer alternative dispute resolution. In summary, the Commission argue that all EU consumers should be able to solve their problems without going to court, regardless of the kind of product or service that the contractual dispute is about and regardless of where they bought it in the European single market. In addition, for consumers shopping online and from another EU country, the Commission want to create an EU-wide single online platform which will allow contractual disputes to be solved entirely online and within 30 days. The proposals are likely to impact UK consumers, businesses and organisations that currently provide alternative dispute resolution services.