Contempt of Court: Juror Misconduct and Internet Publications

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 >

Contempt of Court: Scandalising the Court

Project status: Complete

This historic form of contempt covers conduct likely to undermine the administration of justice or public confidence in courts and judges. In August 2012 we published a consultation paper on scandalising the court. This work was brought forward to feed into the Government’s consideration of the proposal in the Crime and Courts Bill to abolish … Read more >

Charity Law: Social Investment by Charities

Project status: Complete

The terms of reference for our Charity Law project, first agreed with the Government in June 2013, were updated in October 2013 to record the extension of the project to include a review of certain aspects of the law relating to social investment by charities. Charities occupy a special place in society and in law. … Read more >

Mental Incapacity

Project status: Complete

Our decision to investigate the law relating to mental incapacity was made after a number of outside bodies drew problems and deficiencies in the present law to our attention. The Law Society in particular provided much of the stimulus for the review by publishing a discussion document in January 1986. An important case (Re F) … Read more >

Aggravated, Exemplary and Restitutionary Damages

Project status: Complete

We published our final report on this project on 16 November 1997. In the report we make recommendations for the reform of exemplary damages, which aim to punish the wrongdoer. We consider that aggravated damages should be viewed as purely compensatory and recommend that, if exemplary (or ‘punitive’) damages are retained, their availability must be … Read more >

Corruption

Project status: Complete

This project has been superseded by our work on Bribery. We carried out this project in response to calls from two prestigious bodies for a review of this area of the law: the Salmon Commission and the Nolan Committee. We were also very conscious of the consequences of corruption, which strikes at the root of … Read more >

Liability for Psychiatric Illness

Project status: Complete

Download the report The problem The issue of liability for psychiatric illness following negligence is unsatisfactory. Some argue that that it should have the same principles that apply to physical illness. Others that it should be abandoned all together. Claims for psychiatric illness brought about through negligence had gained increased exposure following the disaster at … Read more >