Lorna Richardson’s research informs new Government Review
Thu 27 March 2025
The Scottish Government recently published a consultation paper, “Contract Law – Review of Retention: consultation”, seeking views on whether the remedy of retention of contractual performance is in need of reform. The consultation paper draws extensively on Lorna’s research, principally her articles entitled “The scope and limits of the right to retain contractual performance” 2018 (4) Jur Rev 209 and “What Do We Know About Retention Now?” 2018 22(3) Edin LR 387. In these works, Lorna has examined how the remedy currently operates, as it has been developed through case law, and what the difficulties with the current law are. She has also considered how the law should be developed, with many of her suggestions reflected in the draft provisions set out in the consultation document.
This current Government consultation seeks to gather views on whether reform is needed in this area and what that reform would look like. As well as written responses being invited, two sessions will take place on 29 April and 1 May at which the current law and possible reform will be debated and where feedback to the consultation can be provided (details at: Contract Law - review of retention - Scottish Government consultations - Citizen Space).
Lorna said: “The law is currently unclear and change is needed. Retention is a self-help remedy, meaning that you don’t need to go to court to use it. As such, the conditions for its use should be clearer to allow parties to contracts to understand what remedies can be used on breach. I’m interested to hear the views of the legal community on what is set out in the consultation paper..”
Learn more about Lorna’s work