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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)
Elizabeth Drummond (lawyer)
Julia Jarzabkowski (lawyer)
Colin Oakley (lawyer)
Catherine Vine (lawyer)
Joel Wolchover (lawyer)
Jack Connah (research assistant)
Kira King (research assistant)
Paul Powlesland (research assistant)
Diego Teixeira (research assistant)
Current News
Perpetuities and Accumulations
The Perpetuities and Accumulations Bill was introduced by the Government into the House of Lords on 1 April 2009. Information on the progress of the Bill through Parliament including key dates can be found on the Parliament website.
Further information is available.
Current Projects
Intestacy and Family Provision Claims on Death
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.
We published a consultation paper on 29 October 2009. Our consultation period will close on 28 February 2010.
Further information is available, including the consultation paper and related documents and details of how to respond.
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 ended on 30 June 2008. We hope to publish a final report and draft Bill in late 2010/early 2011.
Further information is available.
Trusts Projects
The Law Commission's 9th Programme of Law Reform included three trusts projects. We completed our work on trustee exemption clauses in July 2006. We published our report on capital and income in trusts in May 2009. We will begin our examination of the rights of creditors against trustees and trust funds when the Commission has completed its work on intestacy or its work on easements.
Pre-nuptial and Post-nuptial Agreements
A project examining the status and enforceability of marital property agreements made between spouses or civil partners (or those contemplating marriage or civil partnership) concerning their property and finances.
Further information is available.
Illegal Transactions
If you are looking for details of the Law Commission's project on the effect of illegality on contracts and trusts, you will find further details on the Commercial and Common Law team page.
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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