Private International Law: Choice of Law in Tort and Delict
Project status: Complete
Projects
Business Tenancies
Project status: Complete
Consumer Prepayments on Retailer Insolvency
Project status: Complete
Download the report Download the summary The problem Prepayments are popular because they can be used to budget for big spends, such as Christmas, or as a deposit for major purchases like cars or new kitchens. On a smaller scale, gift vouchers and cards solve the dilemma of choosing the “right” gift. However, if the … Read more >
Contributory Negligence as a Defence in Contract
Project status: Complete
Personal Injury Compensation
Project status: Complete
Damages for Personal Injury: Non-pecuniary Loss
Project status: Complete
Our final report on this project examined the principles governing, and the effectiveness of, the remedy of damages for monetary and non-monetary loss, with particular regard to personal injury litigation.
Damages for Personal Injury: Medical, Nursing and Other Expenses; Collateral Benefits
Project status: Complete
Our final report on this project recommends reforms designed to rationalise one of the procedural mechanisms used to control the prosecution process – the requirement in respect of certain offences that, as a condition precedent to the institution of criminal proceedings, the consent of either a Law Officer or the Director of Public Prosecutions is … Read more >
Electronic Commerce: Formal Requirements in Commercial Transactions
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 >
Restitution: Mistakes of Law and Ultra Vires Public Authority Receipts and Payments
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 >
Insurance Contract Law: Insurable Interest
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 >