Project status: Complete
This was an advisory project. Private International Law: EEC Preliminary Draft Convention on the Law Applicable to Contractual and Non-contractual Obligations (prepared jointly with the Scottish Law Commission) (1974). The EEC Convention on the Law Applicable to Contractual Obligations is scheduled to the Contracts (Applicable Law) Act 1990, and entered into force in the UK … Read more >
Project status: Complete
On 31 January 2002, the Lord Chancellor’s Department asked the Law Commission to undertake a scoping study into perceived abuses of defamation procedure. In particular the Lord Chancellor’s Department was concerned to find out, first, whether “gagging” writs and letters cause a problem in practice, and secondly, whether claimants routinely target those secondary publishers of … Read more >
Project status: Complete
In March 1990 the Lord Chancellor made a reference to the Commission: to examine the law relating to payments made but not lawfully due and in particular the common law rule that payments made under a mistake of law are irrecoverable, and to make recommendations. In 1991 we published a consultation paper, in which we … Read more >
Project status: Complete
We announced in November 1994 our intention to embark on a comprehensive review of offences of dishonesty, including those created by the Theft Acts 1968 and 1978. We concluded in December 1994 that, for practical reasons conspiracy to defraud performs a useful role in the existing law of dishonesty, and that it should remain intact … Read more >
Project status: Complete
This report was completed in 2014. View the current Hate Crime project here. Download the report Download the summary The problem Hate crime are acts of violence or hostility directed at people because of who they are. The police and CPS record data on hate crimes for five protected characteristics: disability transgender identity race religion … Read more >
Project status: Analysis of responses
Download the accompanying notes to the draft Bill Download the draft Bill Download the response form The problem At its simplest, the requirement for insurable interest means that, for a contract of insurance to be valid, the person taking out the insurance must be affected by the subject matter of the insurance. They must stand … Read more >
Project status: Complete
On 15 July 2014, the Law Commission and the Scottish Law Commission presented to Government recommendations for reform of the law in four areas of insurance law: The duty of disclosure in business and other non-consumer insurance The law of insurance warranties Insurer’s remedies for fraudulent claims Late payment of insurance claims These reforms would … Read more >
Project status: Analysis of responses
Work on this project was suspended. The issues have been taken forward in a subsequent project on contempt of court.
Project status: Complete
We published a report explaining and setting out our recommendations in this area on 26 March 2014. In our report we recommended: ensuring that postponement orders on court reporting are all posted on a single publicly accessible website (a similar website currently operates in Scotland), and including a further restricted service where, for a charge, … Read more >
Project status: Complete
We published a report explaining and setting out our recommendations in this area on 9 December 2013. In our report we recommended the creation of a new criminal offence for jurors conducting prohibited research. This recommendation was implemented by section 71 of the Criminal Justice and Courts Act 2015 (inserting a new section 20A into … Read more >