Projects

Insurance Contract Law: Business Disclosure, Warranties, Insurers’ Remedies for Fraudulent Claims, and Late Payment

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 >

Third Parties (Rights against Insurers)

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 >

Shareholder Remedies

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.  

Partnership Law

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 >

Illegality

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 >

Insurance Contract Law

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 >

Fiduciary Duties of Investment Intermediaries

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 >

Unfair Terms in Contracts

Project status: Complete

In 2001, the Department of Trade and Industry asked the Law Commission and Scottish Law Commission to rewrite the law of unfair contract terms as a single regime, in clearer and more accessible language. We were also asked to consider whether the law should do more to protect businesses, particularly small businesses. The project responded … Read more >