Scotland

Acknowledging the importance of Scots law to our customers we have developed discrete content for practitioners engaging in commercial contracts where one party is located or incorporated in Scotland.

Scotland toolkit

The Scotland toolkit is a research tool collating guidance on key areas of law that are specifically relevant to Scotland. The toolkit brings together Scots law content from across a number of practice areas and includes links to Practice Notes, Checklists and Q&As, as well as legal articles and analysis on legal issues directly affecting Scotland. See: Scotland toolkit

Contract law

Scots contract law has in many ways become similar to its English counterpart despite their different roots. Some English law concepts, such as undue influence and anticipatory breach, have been incorporated into Scots contract law and some leading authorities are the same in both systems. However, there are some key differences of which it is important to be aware. For further information see, Practice Note: Key differences in the law of contract between Scots and English law.

Execution

Under Scots law it is

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CMA speech outlines consumer protection progress under DMCCA 2024 consumer regime

The Competition and Markets Authority (CMA) has published a speech by its Acting Executive Director for Consumer Protection, Emma Cochrane, outlining the CMA’s progress and future priorities under the consumer protection provisions of the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024). The speech reflects on the first ten months of the regime, which came into force in April 2025. Cochrane describes the DMCCA 2024 as marking a ‘genuine shift’ in UK consumer enforcement, noting that, for the first time, the CMA can decide whether consumer protection laws have been infringed, rather than having to litigate through the courts, and can issue penalties directly where breaches are found. She says the CMA’s approach to exercising these powers is guided by its ‘4Ps’ principles: pace, predictability, proportionality and process. She also highlights the CMA’s publication of updated guidance and engagement with businesses to support compliance under the new regime, and points to the new banned practices relating to fake reviews introduced by the DMCCA 2024. Looking ahead, she says further enforcement action can be expected, particularly in areas of essential household spend and in relation to fake reviews, unfair contract terms and drip pricing where businesses fail to change their behaviour. She concludes that the CMA is beginning to see the deterrent effect of the new regime, with businesses investing in training and reviewing practices, and says the CMA will continue to use its new powers ‘thoughtfully, strategically and effectively’ to protect consumers and support compliant businesses.

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