December 2014

Legal Writings (Execution in Counterpart) (Scotland) Bill – Stage 1 debate

We wrote to all MSPs ahead of the stage 1 debate of the bill on 25 November. The Society is very supportive of the policy intent of the bill and agrees that the current existing process for signing contracts under Scots law is in need of improvement and updating to bring Scots contract law in line with the practices of other legal jurisdictions.  As we have said in both written and oral evidence, parties to a contract often switch to English law or to that of other jurisdictions, as an alternative to Scots law, often at the eleventh hour.  The Society also welcomed the Delegated Powers and Law Reform Committee’s support for the use of electronic signatures and the Committee’s recognition that such signatures can provide a secure means of executing documents digitally.   During the debate Jenny Marra MSP referred favourably to the Society’s  Smartcard scheme, which will provide all practising solicitors in Scotland with an electronic digital signature. 

The documentation pertaining to the bill and a link to the stage debate can be found on our website