Does Scotland need its own Commercial Law?

Abstract

In this article, Lord Hodge, Justice of the United Kingdom Supreme Court, draws on his long experience of commercial advocacy and of judicial office at both the Court of Session in Scotland and the Supreme Court in London, to ponder the question of whether Scotland continues to require a commercial law which is distinctive to that of other nations, in particular to that of England. Lord Hodge's evaluation of the question posed offers a mixed response: there is much of value in many of the solutions adopted by Scots commercial law, however law reformers, academics, and judges must be open to good things from elsewhere and must build bridges to make Scots commercial law accessible to those outside Scotland with whom Scotland does business.