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Scottish Contract Law Reform: Rules of Interpretation

The Scottish Law Commission have published a consultative document on reform of the rules of interpretation of contracts. This follows the publication of the Draft Common Frame of Reference in 2009.This sets out a contemporary statement of contract law, based on comparative research from across the European Union. The SLC report provides an interesting and detailed report on the existing approach to interpretation in Scotland and provides comparison with England and some Common Law countries. It also proposes a number of changes. More details can be found at:

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Alcohol (Scotland) Bill 2010

All the main political parties in Scotland agree that the country needs to tackle its long unhealthy relationship with alcohol and on 10th November the Scottish Parliament approved the Alcohol etc (Scotland) Bill. However, the Scottish National Party (SNP) Government was disappointed that the main opposition parties failed to back proposals to introduce minimum pricing for alcohol. The vast majority of medical, police and social scientific experts in Scotland back the SNP on this matter.

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Scottish Support for Malawi Law Reform

The Scottish Law Commission has established a link with the Malawi Law Commission. Both are law reform bodies. The link is a contribution to the Scottish Government's Programme on Capacity Building for Justice in Malawi which progresses the provisions in the Scotland-Malawi Co-operation Agreement in 2005 to strengthen governance in Malawi.

The Scottish Law Commission is also donating surplus law library stock to the Malawi Law Commission.

The Scottish Law Commission's Chairman, Lord Drummond Young, said –

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Scottish Case: O'Carroll v Ryanair

I mentioned this case before but I can now provide more information from
the judgement

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Award damages for "stress, inconvenience, frustration and disruption" to their holiday as a result of delayed baggage

O'Carroll v Ryanair, Sheriff Court, 2008

R appealed against a decision of the Sheriff Court to award damages against it for "stress, inconvenience, frustration and disruption" to their holiday as a result of delayed baggage. The appeal was to the Sheriff Principal of Grampian, Highland and Islands at Aberdeen. The pursuer represented himself and his wife in the Small Claims procedure in the Sheriff Court but also in the appeal before the Sheriff Principal and was commended by the latter in how he conducted his case.

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Reform of Scottish Arbitration Law

Arbitration (Scotland) Act 2010

The aim of the Act was to “set the scene for a renaissance of Scottish arbitration” and to provide a “modern, impartial and efficient arbitration regime”. It codifies existing Scots legislation and Case Law on arbitration.

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UK: Equality Act

Equality Act 2006

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UK: Railways Act

Railways Act 2005

This wound up the Strategic Rail Authority, transferring most of its functions to the Department of Transport and some to the Scottish Government and to the Welsh Assembly Administration. Safety provisions in relation to the railways were transferred from the Health and Safety Commission and Executive to the Office of Rail Regulation.