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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Current session: 13 May 2021 to 23 March 2026
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Displaying 1073 contributions

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Criminal Justice Committee [Draft]

Jury Trials

Meeting date: 10 December 2025

Katy Clark

Thank you very much.

Delegated Powers and Law Reform Committee [Draft]

Contract (Formation and Remedies) (Scotland) Bill

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]

Contract (Formation and Remedies) (Scotland) Bill

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]

Contract (Formation and Remedies) (Scotland) Bill

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]

Contract (Formation and Remedies) (Scotland) Bill

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]

Contract (Formation and Remedies) (Scotland) Bill

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]

Contract (Formation and Remedies) (Scotland) Bill

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

Contract (Formation and Remedies) (Scotland) Bill

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

Contract (Formation and Remedies) (Scotland) Bill

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

Contract (Formation and Remedies) (Scotland) Bill

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?