Report on the implementation of Law Commission proposals

Report on the implementation of Law Commission proposals
Author: Great Britain: Ministry of Justice
Publisher: The Stationery Office
Total Pages: 24
Release: 2012-03-22
Genre: Law
ISBN: 9780102976304

This is the second annual report to Parliament on the extent to which Law Commission proposals have been implemented by the Government. The Government's focus on dealing with the economic situation has meant that proposals not seen as requiring immediate action have been delayed. Two uncontroversial changes have proceeded under the new House of Lords procedure introduced by the Law Commission Act 2009, resulting in the Consumer Insurance (Disclosure and Representations) Act 2012 and the Trusts (Capital and Income) Bill. And the Commission's proposals regarding the forfeiture rule and the law of succession have also been implemented through the Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Act 2011 which came into force on 1 February 2012. A total of 18 other proposals have not yet been implemented and the report details the situation of each, including plans for implementation. The Government has decided not to implement two proposals - intoxication and criminal liability, and the illegality defence - and explains its reasoning for those decisions.

Eleventh programme of law reform

Eleventh programme of law reform
Author: Great Britain: Law Commission
Publisher: The Stationery Office
Total Pages: 52
Release: 2011-07-19
Genre: Business & Economics
ISBN: 9780102974621

The Eleventh programme of law reform includes: charity law, conservation covenants, contempt, data sharing between public bodies, electoral law, electronic communications code, European contract law, family financial orders, misconduct in public office, offences against the person, rights to light, taxis and private hire vehicles - regulation, trade mark and design litigation - unjustified threats, wildlife

Renting Homes in Wales

Renting Homes in Wales
Author: Great Britain: Law Commission
Publisher: The Stationery Office
Total Pages: 50
Release: 2013-04-09
Genre: Business & Economics
ISBN: 9780101857826

The report Renting Homes in Wales (Cm. 8578) updates the recommendations of the 2006 Law Commission report Renting Homes: The Final Report, for the purpose of an introduction of a bill by the Welsh Government. At the core of the recommendations is the creation of a simplified statutory framework which: (i) Reduces the number of available forms of rental occupation of residential property to two: the secure contract; and the standard contract. (ii) Provides model contracts which set out the basis on which occupiers occupy rented housing in clear terms. Whilst the Renting Homes recommendations were designed as far as possible to maintain the current balance of rights and responsibilities between landlords and occupiers, the development of the proposals inevitably involved some modifications to the status quo. This review highlights the most significant of these modifications and where these have proved controve

The Work of the British Law Commissions

The Work of the British Law Commissions
Author: Shona Wilson Stark
Publisher: Bloomsbury Publishing
Total Pages: 315
Release: 2017-07-13
Genre: Law
ISBN: 1509906932

The Law Commission (of England and Wales) and the Scottish Law Commission were both established in 1965 to promote the reform of the laws of their respective jurisdictions. Since then, they have each produced hundreds of reports across many areas of law. They are independent of government yet rely on governmental funding and governmental approval of their proposed projects. They also rely on both government and Parliament (and, occasionally, the courts or other bodies) to implement their proposals. This book examines the tension between independence and implementation and recommends how a balance can best be struck. It proposes how the Commissions should choose their projects given that their duties outweigh their resources, and how we should assess the success, or otherwise, of their output. Countries around the world have created law reform bodies in the Commissions' image. They may wish to reflect on the GB Commissions' responses to the changes and challenges they have faced to reappraise their own law reform machinery. Equally, the GB Commissions may seek inspiration from other commissions' experiences. The world the GB Commissions inhabit now is very different from when they were established. They have evolved to remain relevant in the face of devolution, the UK's changing relationship with the European Union, increasing pressure for accountability and decreasing funding. Further changes to secure the future of independent law reform are advanced in this book.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Expert evidence in criminal proceedings in England and Wales

Expert evidence in criminal proceedings in England and Wales
Author: Great Britain: Law Commission
Publisher: The Stationery Office
Total Pages: 224
Release: 2011-03-22
Genre: Business & Economics
ISBN: 9780102971170

This project addressed the admissibility of expert evidence in criminal proceedings in England and Wales. Currently, too much expert opinion evidence is admitted without adequate scrutiny because no clear test is being applied to determine whether the evidence is sufficiently reliable to be admitted. Juries may therefore be reaching conclusions on the basis of unreliable evidence, as confirmed by a number of miscarriages of justice in recent years. Following consultation on a discussion paper (LCCP 190, 2009, ISDBN 9780118404655) the Commission recommends that there should be a new reliability-based admissibility test for expert evidence in criminal proceedings. The test would not need to be applied routinely or unnecessarily, but it would be applied in appropriate cases and it would result in the exclusion of unreliable expert opinion evidence. Under the test, expert opinion evidence would not be admitted unless it was adjudged to be sufficiently reliable to go before a jury. The draft Criminal Evidence (Experts) Bill published with the report (as Appendix A) sets out the admissibility test and also provides the guidance judges would need when applying the test, setting out the key reasons why an expert's opinion evidence might be unreliable. The Bill also codifies (with slight modifications) the uncontroversial aspects of the present law, so that all the admissibility requirements for expert evidence would be set out in a single Act of Parliament and carry equal authority.

Fifty Years of the Law Commissions

Fifty Years of the Law Commissions
Author: Matthew Dyson
Publisher: Bloomsbury Publishing
Total Pages: 443
Release: 2016-11-03
Genre: Law
ISBN: 1849468583

This book brings together past and present law commissioners, judges, practitioners, academics and law reformers to analyse the past, present and future of the Law Commissions in the United Kingdom and beyond. Its internationally recognised authors bring a wealth of experience and insight into how and why law reform does and should take place, covering statutory and non-statutory reform from national and international perspectives. The chapters of the book developed from papers given at a conference to mark the fiftieth anniversary of the Law Commissions Act 1965.

The English Legal System

The English Legal System
Author: Gary Slapper
Publisher: Taylor & Francis
Total Pages: 773
Release: 2011-04-11
Genre: Law
ISBN: 1136705899

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