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Professor Elizabeth Cooke was appointed Commissioner with responsibility for Property, Family and Trust Law on 3 July 2008.
Professor Cooke began her legal career as a trainee solicitor at Withers, and was admitted as a solicitor in 1988. Subsequently, she practised at Barrett and Thomson, Slough. She became a lecturer at the University of Reading in 1992, and was awarded a personal chair in 2003.
The Team
Matthew Jolley (lawyer/team manager)
Julia Jarzabkowski (lawyer)
Nicholas Piska (research assistant)
Aruna Nair (research assistant)
Paul Davies (research assistant)
Daniel Robinson (research assistant)
Current Projects
Easements, Covenants and Profits à Prendre
The law of easements concerns rights that landowners have over neighbouring land (eg rights of way and light). We hope to improve what is at present an unnecessarily complex body of rules. We published a consultation paper on 28 March 2008. The paper addresses the characteristics of such rights, how they are created, how they come to an end and how they can be modified. The consultation period ends on 30 June 2008.
Further information is available.
Trusts Projects
The 9th Programme included three trusts projects. We have completed our work on trustee exemption clauses. The remaining two projects have been carried over into the 10th Programme.
Capital and income in trusts: classification and apportionment
Rights of creditors against trustees and trust funds
We have commenced work and issued a consultation paper on the classification and apportionment of income and capital in trusts project. We will begin our examination of the rights of creditors against trustees and trust funds when the classification and apportionment project has been completed.
Intestate Succession and the Inheritance (Provision for Family and Dependants) Act 1975
A project undertaking a general review of the law of intestacy and the legislation under which family members and dependants may apply to court for reasonable financial provision from the estate of a person who has died.
Further information is available.
Marital Property Agreements
A project examining the status and enforceability of agreements made between spouses or civil partners (or those contemplating marriage or civil partnership) concerning their property and finances.
Further information is available.
Previous Projects
Cohabitation
This project has reviewed aspects of the law governing opposite-sex and same-sex cohabiting couples, specifically the potential financial hardship suffered by cohabitants or their children on the termination of their relationship by separation or death. We published our report making final recommendations to Parliament on 31 July 2007. The report, executive summary and other materials are available.
Termination of Tenancies for Tenant Default
Our report and draft Bill were published on 31 October 2006. A consultation paper was published on 20 January 2004. The current law governing forfeiture of tenancies is complicated, out-dated and difficult to use. We think our proposed scheme would make the law easier to understand and simpler in practice, and would assist landlords and tenants to resolve their disputes out of court. Further information is available.
Future projects
Feudal Land Law
Further information is available.
For more information, contact the Property and Trust Law team.
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