HC Deb 05 March 1957 vol 566 c36W
Mr. D. Johnston

asked the Lord Advocate what subjects he has remitted to the Scots Law Reform Committee for consideration and report; on which subjects the Committee has reported; and what are the dates on which the reports will be published.

The Lord Advocate

I have remitted the following subjects to the Law Reform Committee for Scotland for consideration and report:

  1. 1. The liability of an occupier of land or other property to persons suffering injury while on the property, and the obligations of a lessor towards third parties invited or allowed by the lessee to be on the subjects let.
  2. 2. The procedural law relating to actions of removing and actions of ejection.
  3. 3. The rules governing the date from which interest on an award of damages is, or may be, ordered by the court to run.
  4. 4. The effect on the liability of insurance companies of special conditions and exceptions in insurance policies and of non-disclosure of facts by persons effecting such policies.
  5. 5. The relevance, in a question of the assessment of damages, of any liability to tax of the person entitled to the damage (with particular reference to the decision in British Transport Commission v. Gourley, 1956, A.C. 185).

The Committee has reported on the three first-mentioned subjects. The Report on the first-mentioned subject was presented to Parliament as a Command Paper (Cmnd. 88) on 25th February, 1957; the other two Reports are in the hands of the printer and will be presented as Command Papers in the near future.

It is not possible to state the date on which Reports on the remaining two subjects will be published, but I understand that the Report relating to the liability of insurance companies will be ready for submission to me within the next few weeks.

In addition to the subjects already mentioned I have asked the Committee to consider and report to me on the juridical implications of Nos. 67, 68 and 70 of the Scottish recommendations of the Morton Commission on Marriage and Divorce.