Private Law Reform in a Changing World

Michelle Donnelly is a Lecturer at Strathclyde Law School (2021-present). She was previously appointed as a Lecturer in Law and the Director of the BA Law Programmes at the University of Stirling (2018-2021) and held roles as a Teaching Associate (2017-2018) and Research Associate (2016-2017) at Strathclyde. Dr Donnelly is a socio-legal researcher with interests in child and family law and justice, mainly focused on compulsory state intervention in family life. Her PhD thesis (2017) examined the unitary nature of the children’s hearings system as an integrated child protection and justice forum. She has contributed to studies examining aspects of children’s hearings practice and child justice more broadly. Dr Donnelly is a Co-Investigator for a major research programme funded by the Nuffield Foundation, ‘Challenging Justice Inequalities. Co-producing change with children in conflict with the law’ (2024-2026). Alyson Evans is a Lecturer in Scots Private Law at Strathclyde Law School (2023-present). Before joining the Law School, she held a number of posts working in strategy, policy and practice in relation to child protection and most recently was Head of Wellbeing and Protection for the Scottish Football Association for five years. Dr Evans’ research interests relate broadly to child and family law, specifically the children’s hearings system and child protection in familial and non-familial settings. Dr Evans has a PhD from Strathclyde (2022), achieved through part-time study alongside full-time employment, which considered legal rights in the children’s hearings system. She has continued her research focus on the children’s hearings system as author of several publications on the system.

• Foreword - Right Hon. Lady Wise1. Introduction: private law reform in a changing worldMichelle Donnelly and Alyson Evans2. What would a progressive abortion law look like in Scotland?Lynsey Mitchell3. ‘Bad policy, bad law and bad practice’ or ‘the best children’s rights legislation in the world’: UNCRC incorporation in ScotlandBruce Adamson4. Age, maturity and the law in the lives of children and young people in ScotlandElaine E Sutherland5. Crossing borders: changing approaches to children’s viewsJanys M Scott 6. From ‘rough and ready’ to regulated? The case for children’s rights-based reform in childhood negligence proceedingsLesley-Anne Barnes Macfarlane7. Disputed information in a children’s hearing: is there still a defence of O v. Rae?Alyson Evans8. Navigating protection and autonomy in Scottish child justice: youth courts for children and young peopleMichelle Donnelly9. Trans parenthood, legal parenthood, gender identity and legal gender recognition: ‘factual purposes’ and ‘legal statuses’Alan Brown10. ‘Their battle is our battle’: positionality, unity, equality and the legacy of Professor NorrieRob Clucas and Richard Whitecross11. Relationship recognition beyond marriageJens M Scherpe12. Case-watching and trendspotting: charting domestic abuse in Scots family law judgmentsJane Mair13. Lee v. Ashers Baking Company Ltd and the right to avoid compelled speechMary Neal14. Reflecting on romantic romanisms: divine Janus and the delict of ‘assault’Jonathan Brown15. A right to redress: private law and harmful speech acts in the digital eraStephen Bogle16. Public attitudes to intestate succession in Scotland: fairness and complex familiesDot Reid17. Shaping and illuminating the law: Professor Norrie’s contribution to Scots lawGillian Black