Witness to the Justice Committee on the Defamation and Malicious Publications (Scotland) Bill: "Given that England and Wales now has a statutory defence it does make sense for Scotland to be on the same page as our nearest neighbors (...) If we don& #39;t reform our defamation law
in line with England and Wales then there is a danger of not having up to date case law." Why? I& #39;m not saying that E&W hasn& #39;t gone the right way or that we would be wrong not to replicate them, but why just because E&W has done something must Scotland follow? The Anglicisation of
Scots law is something that crops up in my mind every so often. It has again thanks to @SartorialOrator& #39;s interesting piece in the SLT on this Bill. Is "England has done it" necessarily a good enough justification for a particular reform to Scots private law? Also, how does not
adopting the same statutory defence mean that we lack up-to-date case law?