Double Jeopardy and Prosecution Appeals

Project status: Complete

A project to review the need for reform of two distinct but related rules: the rule against double jeopardy, and the rule that the Crown cannot appeal against an acquittal even if it results from an erroneous ruling by the judge.  

Easements, Covenants and Profits à Prendre

Project status: Complete

We have made recommendations that modernise and simplify the law, removing anomalies, inconsistencies and unnecessary complications where they exist. People who are most affected by the current law, such as private homeowners, business and organisations that own property, those who deal with and develop land, mortgage lenders and professional advisers, would benefit greatly if the law … Read more >

Effective Prosecution of Multiple Offending

Project status: Complete

The “effective prosecution of multiple offending” project emerged from our work in Legislating the Criminal Code: Fraud and Deception. Our final report makes recommendations for changes to criminal practice and procedure to facilitate the more effective prosecution of those who have committed multiple offences. It covers offences of fraudulent trading, continuous offences (cases where there … Read more >

Electoral Law

Project status: Complete

The problem Electoral law in the UK is spread across 17 statutes and some 30 sets of regulations. It has become increasingly complex and fragmented; it is difficult to access, apply, and update. Much of the law is rooted in 19th Century language and practice, and doesn’t reflect modern electoral administration. The project The electoral … Read more >

Electronic Commerce: Formal Requirements in Commercial Transactions

Project status: Complete

This was an advisory project. Private International Law: EEC Preliminary Draft Convention on the Law Applicable to Contractual and Non-contractual Obligations (prepared jointly with the Scottish Law Commission) (1974). The EEC Convention on the Law Applicable to Contractual Obligations is scheduled to the Contracts (Applicable Law) Act 1990, and entered into force in the UK … Read more >

Electronic Communications Code

Project status: Complete

We have made recommendations to form the basis of a revised Electronic Communications Code. The Code was enacted in 1984 to regulate landline telephone provision. It sets out the regime that governs the rights of designated electronic communications operators to maintain infrastructure on public and private land. In modern times, it applies to the infrastructure … Read more >

Electronic execution of documents

Project status: Pre-project

The problem Most modern businesses have embraced technology to conduct transactions online and electronically. However, we have been told that uncertainty around the electronic execution of documents is preventing some businesses from moving towards fully electronic transactions, which could be faster and more efficient. A review of general principles and relevant case law suggests that … Read more >