About Us
- What are the Law Commission's key aims?
- Success of the Law Commission
- What the Law Commission does NOT do
- What areas of law does the Law Commission cover?
- The Law Commission's relationship with Government
- Who's Who at the Law Commission
- Code of Best Practice for Law Commissioners
- Who decides on the work programme of the Law Commission?
- What criteria are used to decide new projects?
- Stages of a typical law reform project
- Simplifying the law
- Equality and Diversity statement
- Freedom of Information & Publication Scheme
- Complaints
- Further Information
- Contact Information
An "EasyRead" version [PDF] of this information is available.
- To ensure that the law is as fair, modern, simple and as cost-effective as possible.
- To conduct research and consultations in order to make systematic recommendations for consideration by Parliament.
- To codify the law, eliminate anomalies, repeal obsolete and unnecessary enactments and reduce the number of separate statutes
The Commission's recommendations for law reform have a profound practical effect on the legal rights, duties and liabilities of a large number of people - but only if they are implemented by Parliament. We can make recommendations, but only Parliament can change the law. More than two-thirds of the Commission's law reform recommendations have been implemented, and a number await the Government's decision, or Parliamentary time. As a result of the Commission's ongoing work, large areas of the law have been the subject of systematic investigation and improvement.
A report on which projects: (1) have been accepted; (ii) have been implemented; (iii) await a decision.
A lecture on law reform given by Sir Terence Etherton, Chairman, on 14/11/07 to the Bar Law Reform Committee.
The Government is currently considering the creation of a new type of order to deliver legislative and regulatory reform. This would provide an alternative implementation procedure to primary legislation and the existing narrow regulatory reform mechanism. The Law Commission fully supports this initiative and hopes that it may assist both with the implementation of outstanding recommendations and the efficient treatment of future law reform work.
What the Law Commission does NOT do
The Commission does NOT give legal advice to individuals on points of law or individual cases, nor does it investigate complaints about the law or about lawyers. The following organisations may be able to recommend a solicitor in your area:
- The Law Society (tel.0870 806 6575)
- Citizens Advice
- Community Legal Advice (tel.0845 345 4 345)
We are happy to provide information about our projects. However, we cannot give legal advice or deal with individual cases. Nor do we provide legal research to assist with student assignments. This does not affect your rights under the Freedom of Information Act 2000 to request information.
What areas of law does the Law Commission cover?
- Commercial and Common Law
- Contract Law
- Criminal Law
- Damages
- Family Law
- Housing Law
- Property, Family and Trust Law
- Public Law
- Statute Law Revision
- Tort
The Law Commission's relationship with Government
We have agreed a Vision Statement with DCA (now the Ministry of Justice) on how the Law Commission works with the Government to deliver the benefits of clear, simple and modern law.
Who's Who at the Law Commission?
There are five Commissioners, all of whom work full-time at the Commission. The Chairman is either a High Court or an Appeal Court judge, appointed to the Commission for up to three years. The other four Commissioners are experienced judges, barristers, solicitors or teachers of law. They are appointed by the Lord Chancellor and Secretary of State for Justice for up to five years, although their appointments may be extended. They are supported by the Chief Executive of the Commission and about 20 other members of the Government Legal Service, four or five Parliamentary Counsel (who draft the Bills to reform and consolidate the law), and about 15 research assistants (usually recently qualified law graduates), as well as a librarian and the Corporate Services Team.
The Law Commission's response to a DCA (now Ministry of Justice) consultation paper on the appointment of Law Commissioners was issued in July 2004.
The Chairman
The Chairman promotes the role and work of the Law Commission and is its principal public face. He or she leads the Commissioners and represents their views to Ministers and other stakeholders. The Chairman also leads on particular law reform projects and has special responsibility for overseeing the Commission's consolidation and statute law revision work.
The Right Honourable Lord Justice (Sir Terence) Etherton
Sir Terence has been Chairman since August 2006. He was called to the Bar in 1974 and was appointed a QC in 1990. He was made a High Court Judge (Chancery Division) in 2001. He was appointed to the Court of Appeal on 29 September 2008.
- Professor Elizabeth Cooke heads the Property, Family and Trust Law team
- Mr David Hertzell heads the Commercial and Common Law team
- Professor Jeremy Horder heads the Criminal Law and Evidence team
- Kenneth Parker QC heads the Public Law team.
Mr Mark Ormerod CB
Mark Ormerod joined the Lord Chancellor's Department in 1981 as a court clerk at Inner London Crown Court. He transferred to LCD Headquarters 1983, to work on public records policy. Between 1984-88 he was assistant secretary to the Legal Aid Advisory Committee, a member of the legal aid policy branch and then of the Legal Aid Bill team. After a spell on research, management information and costings, he headed the branch dealing with policy on criminal legal aid payments. He was Principal Private Secretary to the Lord Chancellor (Lord Mackay of Clashfern) from 1993-96. In 1996 he was appointed head of Magistrates' Courts Division and then in the following year became head of Criminal Policy Division. In 1999 he was promoted to Director, Criminal Justice. After a career break from 2001-2002, he was on loan to the Home Office as Director, Criminal Law and Policy. He returned to the Department for Constitutional Affairs in June 2004, to take up post as Director, Family Justice and in January 2005, Director, Civil and Family, and Customer Services in Her Majesty’s Courts Service. He became Director, Access to Justice Policy in the Ministry of Justice in April 2008; and Chief Executive of the Law Commission on 2 March 2009. He is an FRSA and was awarded the CB in 2007.
Code of Best Practice for Law Commissioners
The code draws on the Treasury model 'Code of Best Practice for Board Members of Public Bodies'. It takes particular account of the recommendations in the First Report of the Committee on Standards in Public Life.
Who decides on the work programme of the Law Commission
The Law Commissions Act 1965 requires the Commission to submit "programmes for the examination of different branches of the law" to the Lord Chancellor for his approval before undertaking new work. Before making his decision, the Lord Chancellor invites the comments of the Ministerial Committee on the Law Commission.
Before deciding which projects to take forward, the Law Commission takes views from judges, lawyers, Government Departments and the general public. For any programme of law reform the Commissioners must weigh up concerns about limited resources with competing claims for attention.
The Tenth Programme of Law Reform commenced on 1 April 2008. It is expected that the Eleventh Programme will commence on 1 April 2011.
What criteria are used to decide on new projects?
The Commission considers reviewing an area of law reform against certain criteria:
- importance - the extent to which the law is unsatisfactory, and the potential benefits from reform
- suitability - whether the independent non-political Commission is the most suitable body to conduct the review
- resources - valid experience of Commissioners and staff, funding available, and whether the project meets the requirements of the programme
Stages of a typical law reform project:
Once the Law Commission has agreed to review an area of law, the remit of the project will be decided in conjunction with the relevant Government department. Then:
- A study of the area of law is undertaken, and its defects are identified. Other systems of law are examined to see how they deal with similar problems.
- A consultation paper is issued setting out in detail the existing law and its defects, giving the arguments for and against the possible solutions, and inviting comments. The paper is circulated widely to all interested persons and bodies, including the media. We actively encourage feedback from any interested member of the public, including comments on problems we may not have dealt with or the likely effect of something we have proposed. You can respond to any of the Commission's open consultation papers from this website.
- A report is submitted to the Lord Chancellor and Minister of Justice, giving our final recommendations with the reasons for them, and where necessary, a draft Bill is included which would give effect to our recommendations.
- Consultation papers and reports are available from this website, or in hardcopy from The Stationery Office. Replies are invited by email or by post.
The Commission has a statutory obligation to simplify the law. This is done in a variety of ways:
The Commission believes that the law would be more accessible to the citizen, and easier for the courts to understand, through a series of statutory codes. We are currently working on a code of the criminal law, and have plans to follow this with a project to codify the law of criminal evidence.
Consolidation brings together under one Act all the existing statutory provisions previously located in several different Acts. The law itself remains unchanged, but those who use it can now find it all in one place. For example, the Powers of Criminal Courts (Sentencing) Act 2000 brought together in a single piece of legislation sentencing powers which were previously to be found in more than a dozen Acts.
Parliament has been enacting statutes for over 750 years. Although many of the older statutes have been repealed, many remain which are obsolete or unnecessary. A Statute Law (Repeals) Act enables a large number of statutes which are no longer of any practical use to be repealed together. However, while it is important to tidy up the statute book, it is just as important to avoid accidentally removing the legal basis for someone's rights, and therefore a great deal of consultation is needed. Since 1965 the whole or part of nearly 5000 enactments have been repealed by Statute Law (Repeals) Acts. The 18th Statute Law Repeals Report was published in January 2008. More information about current projects is available.
The Law Commission has a tradition of being a very open organisation, and has an excellent track record of providing, wherever possible, information to those who request it. The Freedom of Information Act 2000 came into effect on 1 January 2005. The Act aims to increase openness and accountability in government and across the public sector by ensuring that people have the right to access information held by public authorities.
Our publication scheme lists the classes of information that we make available or intend to make available, how the information can be obtained and whether we will charge a fee for providing it.Complaints
The Law Commission has a complaints procedure.
Contact us for more information.