Annual Report 2011
29 Feb 2012
In our Annual Report for 2011 we outline progress on our law reform projects and give details of our publications issued during the year. We also outline the discussion papers and reports planned for 2012.
In his last foreword as Chairman of the Scottish Law Commission, Lord Drummond Young returns to the theme of implementation of the Commission's recommendations for reform of different areas of Scots law. He records that matters improved significantly on this front in 2011 and he is pleased that the Scottish Government and Scottish Parliament have both shown a clear desire to improve the rate of implementation of Commission reports.
He particularly welcomes the introduction in the Scottish Parliament of the Long Leases (Scotland) Bill which would implement the Commission's Report on Conversion of Long Leases, published at the end of 2006, and the Land Registration etc. (Scotland) Bill which is based on the Commission's Report on Land Registration, published in 2010.
In our previous Annual Report he had voiced disappointment at the general rate of implementation of reports in the field of Scots private law, suggesting that it may be connected to insufficient capacity in the Scottish Parliament to deal with law reform measures. In this Annual Report he welcomes the discussions that are underway to enhance the procedures for law reform measures in the Scottish Parliament.
Publications in 2011
The Commission published six discussion papers in 2011 (two of which were published jointly with the Law Commission for England and Wales) and one Report – on Criminal Liability of Partnerships.
Progress on law reform projects in 2011
The Report outlines the progress which we made on the wide range of law reform projects during 2011. Most of our current work stems from the Eighth Programme of Law Reform, but we have one remaining reference from Scottish Ministers, relating to criminal law, which is reviewing the law on similar fact evidence and the Moorov doctrine.
During 2011 we made progress on a number of joint projects with the Law Commission for England and Wales with whom we have had a long tradition of working closely. For the first time the Commissions in Edinburgh and London are working on a joint project involving the Northern Ireland Law Commission as well. Our Annual Report outlines progress on this project which started in 2011.
Working with the Malawi Law Commission
2011 saw the Commission continuing to build its links with the Malawi Law Commission, as part of the Scottish Government's Programme on Capacity Building for Justice in Malawi.
Publications planned for 2012
We aim to publish six reports in 2012 on a variety of topics, of which two will be published jointly with the Law Commission. Reports are expected on trust law, on the criminal law reference dealing with similar fact evidence and the Moorov doctrine, on prescription and title to moveable property and on judicial factors. In addition there will be joint reports with the Law Commission on consumer redress for misleading and aggressive practices and on the law relating to level crossings.