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: 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: Complete
Project status: Complete
This purpose of this project was to bring up to date the Third Parties (Rights against Insurers) Act 1930 and make the law more effective. The 1930 Act did not work as well as it should have. Its basic operation in the context of insolvency provoked criticism over a number of years from academics, lawyers, … Read more >
Project status: Complete
This project reviewed the remedies available to minority shareholders who are dissatisfied with the manner in which the company of which they are a member is run.
Project status: Complete
A review of partnership law conducted under the existing law of partnership, ie the Partnership Act 1890 and the Limited Partnerships Act 1907, with particular reference to: independent legal personality continuity of business irrespective of changes of ownership simplification of solvent dissolution a model partnership agreement. We published our report on Partnership Law on 18 … Read more >
Project status: Complete
Where a claimant in a civil action has been involved in illegal activities, how far should this prevent them from enforcing their normal legal rights? This project looks at the way that the law of trusts, contract, unjust enrichment and tort responds when a claimant has been involved in some form of illegal conduct connected to … Read more >
This is a joint project with the Scottish law Commission. We began work in January 2006 when the teams at the two Commissions issued a scoping paper, inviting views on which areas of insurance contract law were in need of reform. In the light of the responses received, the teams published a second paper setting … Read more >
Project status: Complete
Our report, published on 1 July 2014, looks at the investment market through the lens of pensions. It considers how fiduciary duties currently apply to those working in financial markets, and clarifies how far those who invest on behalf of others may take account of factors such as social and environmental impact and ethical standards. … Read more >