Review into 50-year-old laws on social care for disabled children – Law Commission

‘Law Commission aims to simplify and strengthen the law, allowing children with disabilities to access the support they need. The review will ensure the law is fair, modern and accessible, works for parents, care givers and local authorities.’

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Law Commission, 17th October 2023

Source: www.lawcom.gov.uk

Research Briefing: Reuse of graves – House of Commons Library

Posted October 20th, 2023 in burials and cremation, Law Commission, news, parliament, Scotland by tracey

‘This briefing paper considers reuse of graves as a means of addressing the problem of the shortage of available space for burial.’

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House of Commons Library, 16th October 2023

Source: commonslibrary.parliament.uk

An update to the Wills Act 1837 – Mills & Reeve

‘On 5 October 2023, the Law Commission began a consultation into the use of electronic wills and the effect of a marriage or civil partnership on an existing will.’

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Mills & Reeve, 12th October 2023

Source: www.mills-reeve.com

Electronic wills now ‘feasible’, Law Commission reports – Law Society’s Gazette

Posted October 10th, 2023 in bills, consultations, electronic filing, Law Commission, news, wills by sally

‘Electronic wills could become an immediate reality if parliament wishes, the Law Commission states today in its latest consultation on the topic. The commission is seeking views on whether a new Wills Act should permit paperless wills, either immediately or by allowing for them to be introduced later. It stresses that any provision for electronic wills would need to ensure that they are as secure as paper wills.’

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Law Society's Gazette, 5th October 2023

Source: www.lawgazette.co.uk

New legislation could introduce electronic wills “immediately” – Legal Futures

‘A new Wills Act could permit electronic wills to be introduced “immediately”, rather than enabling the Lord Chancellor to introduce them by statutory instrument at some point in the future, the Law Commission has said.’

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Legal Futures, 5th October 2023

Source: www.legalfutures.co.uk

The Law Commission’s Review on Financial Remedies – Pump Court Chambers

Posted October 4th, 2023 in chambers articles, divorce, financial provision, Law Commission, news, podcasts by sally

‘This podcast will look at the scope of the Law Commission’s work on this topic, and delve into the reasons why some have called for a review, the possible options for reform, the pros and cons, and comparisons with other jurisdictions.’

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Pump Court Chambers, 11th September 2023

Source: www.pumpcourtchambers.com

Reform of the 1996 Arbitration Act: What To Expect – 4-5 Gray’s Inn Square

Posted October 4th, 2023 in arbitration, chambers articles, Law Commission, news by sally

‘The last dozen or so years have seen a number of revisions to arbitration legislation around the world. For instance, 2010 saw new or revised legislation in the Republic of Ireland and Scotland. In that context the review of the Arbitration Act 1996 (UK) (‘Act’) applicable in England, Wales and Northern Ireland, which started in 2021 was apt and necessary. The United Kingdom’s Law Commission has recently concluded that exercise. The Law Commission looked at whether the legislation is fit for purposes and reflected international best practice. In the round, the suggested changes, which still have to be given legislative effect, is a ‘tune up’, rather than a major revision, of an Act which has in the near 30 years since it was last amended shown itself to be robustly effective. The world (including the practice of domestic and international arbitration) has changed significantly since the mid-1990s and the suggested amendments can be seen as practical steps to consolidate the effectiveness of the Act.’

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4-5 Gray's Inn Square, September 2023

Source: www.4-5.co.uk

London’s reputation as divorce capital could be tested by legal shake-up: Jaqueline Julyan SC – 5SAH

‘A marital property regime is a system of property ownership between spouses. Property includes landed property, chattels, money in a bank account, businesses, shares in companies and claims (eg a loan). Marital property regimes differ from country to country. In some countries the matrimonial regime is imposed by operation of law and arises automatically upon marriage. Many civil law countries allow parties to select a matrimonial regime. This is usually by way of a pre-nuptial agreement.’

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5SAH, 27th September 2023

Source: www.5sah.co.uk

‘Archaic’ UK law needs urgent update for self-driving vehicles, MPs say – OUT-LAW.com

‘The UK’s reputation as a “trailblazer” in the development of self-driving vehicles is at risk unless new laws are passed as a matter of urgency to better support their testing and commercialisation, a committee of MPs has said.’

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OUT-LAW.com, 15th September 2023

Source: www.pinsentmasons.com

New collaboration on scoping study on international cooperation in criminal law – Law Commission

Posted September 8th, 2023 in criminal justice, international law, Law Commission, news by tracey

‘In a new initiative, the Law Commission of England and Wales has invited the Criminal Law Reform Now Network (CLRNN), an established research network, to look at whether a law reform project on international cooperation in criminal law is needed and, if so, what the scope might be.’

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Law Commission, 7th September 2023

Source: www.lawcom.gov.uk

Strengthened immunity protection proposed in Arbitration Act reform – Law Society’s Gazette

‘Arbitrators’ common law duty to disclose any reason for doubts as to their impartiality could be codified under proposals from the Law Commission of England and Wales today. The recommendation is among proposed updates to the Arbitration Act 1996 which the independent reform body has published along with draft legislation.’

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Law Society's Gazette, 6th September 2023

Source: www.lawgazette.co.uk

Law Commission drops plan to ban discrimination in appointing arbitrators – Legal Futures

Posted September 6th, 2023 in arbitration, bills, consultations, equality, Law Commission, news, sex discrimination by sally

‘The Law Commission has “reluctantly concluded” that banning discrimination in the appointment of arbitrators “could cause more problems than it solves”, particularly in triggering “unwarranted satellite litigation”.’

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Legal Futures, 6th September 2023

Source: www.legalfutures.co.uk

Renewing the 1954 Act – Root and Branch or Just a Trim? – Falcon Chambers

‘Oliver Radley-Gardner KC delivered a talk on the reform of the Landlord and Tenant Act 1954 (the 1954 Act) at the Falcon Chambers Property Law seminar in Manchester on 12 July 2023. This article outlines his thoughts on the Law Commission’s proposals to renew the Act.’

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Falcon Chambers, 19th July 2023

Source: www.falcon-chambers.com

Law Commission digital asset proposals ‘reassuring’ – OUT-LAW.com

Posted August 10th, 2023 in cryptocurrencies, Law Commission, news, reports by tracey

‘Law Commission proposals for how digital assets should be treated in English common law are “reassuring” and will help eliminate uncertainty over their legal status, according to two legal experts.’

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OUT-LAW.com, 9th August 2023

Source: www.pinsentmasons.com

Government publishes Law Commission implementation report – Law Commission

Posted August 7th, 2023 in government departments, Law Commission, news, statute law revision by tracey

‘The Government has recently published its regular report on the implementation of Law Commission proposals from January 2018 to January 2023.’

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Law Commission, 4th August 2023

Source: www.lawcom.gov.uk

Views sought on criminal appeals process – Law Commission

‘On Thursday 27 July, the Law Commission of England and Wales is publishing a paper asking for views on whether and how the law governing appeals for criminal cases should be reformed.’

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Law Commission, 26th July 2023

Source: www.lawcom.gov.uk

Law Commission recommendations to allow for electronic trade documents implemented in Electronic Trade Documents Act 2023 – Law Commission

Posted July 21st, 2023 in bills, documents, electronic commerce, electronic filing, Law Commission, news by tracey

‘On Thursday 20 July, the Law Commission’s recommendations on electronic trade documents became law as the Electronic Trade Documents Act 2023 secured royal assent.’

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Law Commission, 20th July 2023

Source: www.lawcom.gov.uk

Law Commission recommendations on espionage offences implemented in National Security Act 2023 – Law Commission

Posted July 17th, 2023 in Law Commission, news, official secrets act, spying by tracey

‘On Tuesday 11 July, the Law Commission’s recommendations on espionage became law as the National Security Act secured Royal Assent.’

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Law Commission, 13th July 2023

Source: www.lawcom.gov.uk

Fairness versus Certainty – Should the Matrimonial Causes Act 1973 be Amended to Restrict the Duration of Spousal Maintenance? – Financial Remedies Journal

‘As part of the Law Commission’s review of the law concerning financial division upon divorce, announced on 4 April 2023, it will consider “how maintenance payments for an ex-spouse or civil partner should work”. The terms of reference set out that the Law Commission is to consider specifically potential maximum periods for spousal periodical payment orders.’

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Financial Remedies Journal, 3rd July 2023

Source: financialremediesjournal.com

Speech by HHJ Pelling KC: Issues in Crypto Currency Fraud Claims – an update – Courts and Tribunals Judiciary

Posted July 3rd, 2023 in cryptocurrencies, fraud, judges, Law Commission, news by tracey

‘Speech by HHJ Pelling KC: Issues in Crypto Currency Fraud Claims – an update.’

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Courts and Tribunals Judiciary, 28th June 2023

Source: www.judiciary.uk