The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
Displaying 1073 contributions
Criminal Justice Committee [Draft]
Meeting date: 10 December 2025
Katy Clark
Thank you very much.
Delegated Powers and Law Reform Committee [Draft]
Meeting date: 2 December 2025
Katy Clark
It is helpful that that has been put on the record.
On the provisions on the law of retention, I note that proposed new section 21A(4) states that the effects of retention
“must not be clearly disproportionate to the effects of the breach”
of contract. Can you clarify exactly what “clearly disproportionate” means? Why is that going to be included in the bill?
Delegated Powers and Law Reform Committee [Draft]
Meeting date: 2 December 2025
Katy Clark
Good morning. What is your understanding of the main benefits of the new rules on remedies for breach of contract in part 2?
Delegated Powers and Law Reform Committee [Draft]
Meeting date: 2 December 2025
Katy Clark
Proposed new section 21D(b) gives courts the power
“to refuse the exercise of … retention where that … would be inequitable.”
Can you explain what is meant by that and what you envisage will be covered by that provision?
Delegated Powers and Law Reform Committee [Draft]
Meeting date: 2 December 2025
Katy Clark
Obviously, if you want to write to us further on that, that will be very helpful.
Delegated Powers and Law Reform Committee [Draft]
Meeting date: 2 December 2025
Katy Clark
I was going to come on to that in my next question, but if you want to deal with those issues as a whole, that is fine.
Delegated Powers and Law Reform Committee [Draft]
Meeting date: 2 December 2025
Katy Clark
That would be fine. Your position, then, is that this is a codification of current law. There is no intention to change the law—this simply codifies what is already there.
Delegated Powers and Law Reform Committee
Meeting date: 2 December 2025
Katy Clark
Good morning. What is your understanding of the main benefits of the new rules on remedies for breach of contract in part 2?
Delegated Powers and Law Reform Committee
Meeting date: 2 December 2025
Katy Clark
I was going to come on to that in my next question, but if you want to deal with those issues as a whole, that is fine.
Delegated Powers and Law Reform Committee
Meeting date: 2 December 2025
Katy Clark
Proposed new section 21D(b) gives courts the power
“to refuse the exercise of … retention where that … would be inequitable.”
Can you explain what is meant by that and what you envisage will be covered by that provision?