Scottish Law Commission: Eighth Programme of Law Reform

The eighth programme of Law reform from the Scottish law Commission was published earlier this year.

The Eighth Programme includes some  ongoing work from the seventh programme as well as identifying a number of new projects. The SLC began work on the programme at the beginning of this year and will work on the programme until the end of 2014. The programme was prepared following extensive consultation with the legal profession and other interested bodies (and for the first time a webpage inviting suggestions from the public). The SLC notes that "Two of the new projects reflect suggestions made by consultees, and the scope of two projects being carried forward has also been changed significantly following comments by consultees."

Four projects are carried forward from the previous programme:

  • Security over corporeal and incorporeal moveable property; assignation of incorporeal moveable property (this is much broader in scope than the original project which planed to look only at incorporeal property)
  • Trusts
  • Judicial factors
  • Homicide

In addition six new projects are identified:

  • Criminal liability of partnerships
  • Law of contract in light of the Draft Common Frame of Reference
  • Adults with incapacity
  • Compulsory purchase
  • Heritable securities
  • Prescription and corporeal moveable property

In addition to its work under the Programme the Commission will continue to deal with requests for advice received from the Scottish Government and UK government departments (including the consideration of Similar fact evidence and the Moorov doctrine – an aspect of the World's End reference).

Additionally, the SLC will co-operate with the Law Commission for England and Wales. Current work is progressing on the law of insurance; and level crossings.