Meeting of the Parliament 18 December 2025
I will not need 16 minutes or four minutes or anything like that, but that is beside the point. I thank Lady Paton, as everyone else has done. The way in which she has led this work and work on other elements of Scots law is absolutely brilliant.
I thank the Delegated Powers and Law Reform Committee’s clerking team, which has been excellent, as always. I also thank the Scottish parliamentary legal team for all the help that it has given us; it has been absolutely fabbydoo.
The bill restates and reforms aspects of contract law in Scotland and will produce rules that are clear, certain and accessible. It is important economically and socially that the contract law regime in Scotland is fit for the 21st century, so we have to make changes to improve, simplify and update aspects of contract law. I am pleased that the Delegated Powers and Law Reform Committee, working with stakeholder witnesses, has managed to show a broad consensus on the general principles of the bill, because we have to make the law clearer and more accessible.
The Scots law of contract has largely developed as a matter of common law, which limits the law’s accessibility to those without legal training. We need to introduce a modern and clear statute that will deal with disputes between parties in a way that is not possible in any single court case. The bill will introduce legislation that makes changes to improve, simplify and update aspects of common law.
The Delegated Powers and Law Reform Committee recommends that the general principles of the bill should be agreed to. The Law Society of Scotland has said that the legislation represents a
“modern approach”
and will
“address uncertainties on a number of specific points around contract law”.
If we agree to this very focused bill, we will make the law more accessible to lawyers and laypersons alike, reduce the number of disputes with consequential litigation, allow savings in court time and support preparation for litigation in contributory negligence cases. We must take our opportunity to ensure that contract law is fit for a modern Scottish economy.