Trustee Exemption Clauses

Project status: Complete

The project recommends that the trust industry adopt a non-statutory rule of practice and that this should be enforced by the regulatory and professional bodies who govern and influence trustees and the drafters of trusts. The Law Society and the Institute of Chartered Accountants in England and Wales have both introduced regulation for their members. … Read more >

Electronic Communications Code

Project status: Complete

Download the report Download the summary The problem The Electronic Communications Code was created in 1984 and replaced in the Digital Economy Act 2017. The Code sets out the regime that governs the rights of designated electronic communications operators to maintain infrastructure on public and private land. In modern times, it applies to the infrastructure … Read more >

Evidence of Bad Character

Project status: Complete

A review of the law of England and Wales as it relates to evidence of previous misconduct in criminal proceedings and the related trial process.  

High Court’s Jurisdiction in Relation to Criminal Proceedings

Project status: Complete

The High Court has supervisory power over the Crown Court, but it is limited. It does not include “matters relating to trial on indictment”. The reason for this limitation is that it is in the interests of justice for trials to proceed without being delayed by appeals and applications to the High Court. The problem lies … Read more >

Expert Evidence in Criminal Proceedings

Project status: Complete

Download the report Download the consultation The problem In a criminal trial, a jury or magistrates’ court is required to determine disputed factual issues. Experts in a relevant field are often called as witnesses to help the fact-finding body understand and interpret evidence with which that body is unfamiliar. The current judicial approach to the … Read more >

Publication of Local Authority Reports

Project status: Complete

In this project, we considered whether changes were needed in the law relating to inquiries undertaken by local authorities. In February 2000 Sir Ronald Waterhouse published the results of the inquiry he chaired into the abuse of children in council homes in North Wales. He was concerned there might be circumstances where local authorities might feel … Read more >

Defamation and the Internet

Project status: Complete

A preliminary investigation to clarify the issues relating to defamation on the internet. We were asked to provide preliminary advice to Government on whether the existing law causes difficulties for online publishers, internet service providers, their customers or others, with a view to informing possible further work.  

Data Sharing between Public Bodies

Project status: Complete

Data sharing affects us all.  Public bodies report that they cannot always share the data they need to share and, as a result, miss out on opportunities to provide better services to citizens.  At the same time, the protection of privacy is fundamental to any data sharing regime. The law surrounding data sharing is complex.  … Read more >

Damages for Personal Injury

The Law Commission undertook a review of the law of damages, particularly personal injury damages, as part of the 5th and 6th Programmes of Law Reform.