Category: Law Commission

Reforms to confiscation regime to recover £8 million more per year – Law Commission

Posted September 18th, 2020 in confiscation, enforcement, Law Commission, press releases, proceeds of crime, statute law revision by sally

‘Proposals to reform the confiscation regime could help recover an extra £8 million per year from convicted criminals, by more accurately and efficiently determining a defendant’s criminal proceeds and more effectively enforcing confiscation orders. The proposals are outlined in a consultation paper published today [17 September 2020] by the Law Commission of England and Wales.’

Full press release

Law Commission, 17th September 2020

Source: www.lawcom.gov.uk

Greater protections for victims of online abuse proposed by Law Commission – Law Commission

Posted September 11th, 2020 in communicating false information, consultations, electronic mail, harassment, internet, Law Commission, malicious communications, press releases, sexual offences, telecommunications, victims by sally

‘The Law Commission has today published proposals to better protect victims from harmful online behaviour including abusive messages or emails, cyberflashing, and pile-on harassment. Reforms to tackle the malicious sharing of information known to be false have also been proposed.’

Full press release

Law Commission, 11th September 2020

Source: www.lawcom.gov.uk

Reforms to UK’s antiquated spying laws published by Law Commission – Law Commission

Posted September 2nd, 2020 in disclosure, freedom of expression, human rights, intelligence services, interception, Law Commission, press releases, proportionality, public interest, spying, statute law revision by sally

‘Reform is needed to bring the law into the 21st century and protect the United Kingdom from espionage (spying) and unauthorised disclosures (leaks), according to a report from the Law Commission that has been laid in Parliament today [01 September 2020].’

Press release

Law Commission, 1st September 2020

Source: www.lawcom.gov.uk

Consultation to update Victorian-era transfer of ownership rules – Law Commission

Posted July 29th, 2020 in consultations, Law Commission, news, sale of goods by sally

‘The Law Commission has today [27 July 2020] launched a consultation on draft legislation to reform Victorian-era rules which still apply to consumers today.’

Full Story

Law Commission, 27th July 2020

Source: www.lawcom.gov.uk

Law Commission unveils leasehold proposals – Law Society’s Gazette

Posted July 24th, 2020 in enfranchisement, housing, Law Commission, leases, news by sally

‘The Law Commission has unveiled a blueprint for the future of home ownership – including a commonhold regime described as “fit for purpose” nearly two decades after the concept was introduced.’

Full Story

Law Society's Gazette, 21st July 2020

Source: www.lawgazette.co.uk

Termination of a Code Agreement by Operators – Falcon Chambers

Posted June 15th, 2020 in chambers articles, codes of practice, contracts, electronic mail, Law Commission, news, telecommunications by sally

‘In this article we intend to examine the continuation of a Code agreement falling within the terms of the Electronic Communications Code (“the Code”) and the ability of an operator to terminate it permanently, such that the agreement may be treated as at an ended at the specified break date without any ongoing continuation of the operator’s contractual liability. We shall also consider the issue of renewal following termination.’

Full Story

Falcon Chambers, June 2020

Source: www.falcon-chambers.com

Leasehold enfranchisement – options to reduce the price – Tanfield Chambers

Posted June 4th, 2020 in enfranchisement, Law Commission, leases, news, reports, valuation by sally

‘In relation to the qualifying criteria and procedure, the Law Commission was asked to make recommendations and the report on those aspects is due in the Spring. On the question of valuation, the Law Commission’s remit was slightly different. It was required to come up with “options” to reduce the premiums payable by leaseholders, not “recommendations”. It will then be a matter for the politicians to decide which option should be adopted. The Law Commission Report (Leasehold home ownership: buying your freehold or extending your lease. Report on options to reduce the price payable (HMSO, 2020), Law Com. No. 387) on those options was published on 9 January 2020.’

Full Story

Tanfield Chambers, 26th May 2020

Source: www.tanfieldchambers.co.uk

Call for review of regulator costs in unsuccessful prosecutions – Legal Futures

Posted May 26th, 2020 in appeals, costs, disciplinary procedures, Law Commission, Law Society, news, public interest, solicitors, Solicitors Regulation Authority by sally

‘The Law Commission should review whether regulators such as the Solicitors Regulation Authority (SRA) should be insulated from costs orders in disciplinary actions they lose, a Court of Appeal judge has suggested.’

Full Story

Legal Futures, 26th May 2020

Source: www.legalfutures.co.uk

Chelsea Brooke-Ward and Nathan Davis comment upon the Law Commission’s recommendations for the Employment Tribunal Structure and Jurisdiction – Park Square Barristers

Posted May 12th, 2020 in employment tribunals, jurisdiction, Law Commission, news by sally

‘Yesterday [30 April] the Law Commission released its Recommendations following The Law Commission’s 13th Programme of Law Reform which included a review of the employment law hearing structures.’

Full Story

Park Square Barristers, 1st May 2020

Source: www.parksquarebarristers.co.uk

Niran de Silva on the Law Commission Report on Employment Law Hearing Structures – Littleton Chambers

Posted May 7th, 2020 in employment tribunals, Law Commission, news, reports by sally

‘On 29 April 2020, the Law Commission published its report on Employment Law Hearing Structures. The Report runs to just over 200 pages and concludes with 23 recommendations to improve the Employment Tribunal’s ability to resolve disputes.’

Full Story

Littleton Chambers, 30th April 2020

Source: littletonchambers.com

The Law Commission Recommends Wide Ranging Changes to Employment Tribunals’ Powers – Parklane Plowden Chambers

Posted May 5th, 2020 in employment tribunals, jurisdiction, Law Commission, news by sally

‘On 29 April 2020 the Law Commission published its recommendations for changes to the jurisdiction and powers of employment tribunals. It would be fair to say that the statutory nature of the tribunal’s powers has given rise to anomalies: jurisdiction is constrained in certain contexts, and there are a number of discrepancies between the extent of the jurisdiction of civil courts on the one hand and employment tribunals on the other.’

Full Story

Parklane Plowden Chambers, 1st May 2020

Source: www.parklaneplowden.co.uk

Law Commission unveils employment tribunal reform package – Litigation Futures

Posted May 1st, 2020 in budgets, contract of employment, employment, employment tribunals, Law Commission, news, time limits by sally

‘Doubling the time limit for launching claims to six months and allowing workers to bring breach of contract claims while still employed are among Law Commission recommendations for employment tribunal (ET) reform.’

Full Story

Litigation Futures, 30th April 2020

Source: www.litigationfutures.com

Call for employment tribunals to have more power to protect workers – The Guardian

Posted May 1st, 2020 in budgets, contract of employment, coronavirus, emergency powers, employment, employment tribunals, Law Commission, news, time limits by sally

‘Employment tribunals should be given powers to make awards of up to £100,000 for breach of contract and to deal with disputes where staff are still in work, the Law Commission has recommended.’

Full Story

The Guardian, 29th April 2020

Source: www.theguardian.com

Expert Evidence: A Cautionary Tale – Exchange Chambers

Posted April 1st, 2020 in chambers articles, civil procedure rules, documents, electronic filing, electronic mail, expert witnesses, Law Commission, news by sally

‘On 3rd March 2020, Robert Buckland, the incumbent Lord Chancellor and Secretary of State for Justice, confirmed that electronic signatures are permissible and legally valid if used in commercial and consumer documents. This declaration followed a Law Commission report, published in September last year, that looked at the electronic execution of documents, including deeds.’

Full Story

Exchange Chambers, 25th March 2020

Source: www.exchangechambers.co.uk

Check your Email Signatures! – Falcon Chambers

Posted April 1st, 2020 in chambers articles, contracts, electronic filing, electronic mail, Law Commission, news, sale of land by sally

‘As every property practitioner knows, s 2(3) of the Law of Property (Miscellaneous Provisions) Act 1989 (the 1989 Act) requires a contract for the sale or other disposition of land to be ‘signed by or on behalf of each party’. Neocleous v Rees [2019] EWHC 2462 (Ch), [2019] All ER (D) 25 (Oct) was the first occasion on which the court was asked to determine whether an email footer satisfied the requirement for a signature in s 2(3). The issue arose in the context of an alleged compromise agreement between the parties to a property dispute, which was contained in an exchange of emails between their solicitors. Viewed in the wider context of the earlier authorities, and a recent Law Commission report, the decision encourages practitioners to consider how formality requirements in property transactions—and more generally—are now operating in an increasingly digital world.’

Full Story

Falcon Chambers, 13th March 2020

Source: www.falcon-chambers.com

Law Commissions call for single, consistent legislative framework for elections – Local Government Lawyer

Posted March 18th, 2020 in elections, Law Commission, news, statute law revision by sally

‘Electoral legislation that originates from the Victorian era is “out-dated, confusing and no longer fit for purpose”, the Law Commissions of England and Wales and the Scottish Law Commission have said in a report calling for the adoption of a single, consistent legislative framework.’

Full Story

Local Government Lawyer, 17th March 2020

Source: www.localgovernmentlawyer.co.uk

Online political ads should be labelled, says Law Commission – The Guardian

Posted March 17th, 2020 in advertising, internet, Law Commission, news, political parties by sally

‘Online political adverts should be labelled or “imprinted” to show who is paying for them, according to the Law Commission, which warns that there is a “very real risk of the electoral process losing credibility”.’

Full Story

The Guardian, 17th March 2020

Source: www.theguardian.com

Surrogacy: Social media advertising plans prompt regulator warning – BBC News

Posted January 29th, 2020 in advertising, families, internet, Law Commission, news, pregnancy, surrogacy by sally

‘Social media adverts urging young women to become surrogate mothers could be allowed under Law Commission proposals.’

Full Story

BBC News, 29th January 2020

Source: www.bbc.co.uk

Improved drafting of Immigration Rules to save Government £70 million – Law Commission

Posted January 23rd, 2020 in immigration, Law Commission, legislative drafting, press releases by sally

‘Improvements to the way that Immigration Rules are written and presented would make them easier to follow for applicants and save the Government almost £70 million over ten years. This is according to the Law Commission, the independent law reform agency, that published its report on the Simplification of the Immigration Rules today.’

Full press release

Law Commission, 14th January 2020

Source: www.lawcom.gov.uk

UK immigration rules are unworkable, says Law Commission – The Guardian

Posted January 14th, 2020 in immigration, Law Commission, legislative drafting, news, regulations by sally

‘Immigration rules are “overly complex and unworkable” according to the Law Commission, which recommends simplifying them in order to save the government £70m over the next decade.’

Full Story

The Guardian, 14th January 2020

Source: www.theguardian.com