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

Download the report Download the report summary The problem There is a complex web of rights and obligations that link different parcels of land, and their owners, together. Three of those are easements, profits à prendre and covenants. Easements are rights enjoyed by a landowner over another person’s land. A positive easement (such as a … 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

Download the Electoral Law report here. Download the executive summary here. Download the plain-text summary here. Download the Welsh translation of the plain text-summary here. 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, … 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

Download the report Download the summary The problem The Electronic Communications Code was created in 1984 and replaced in the Digital Economy Act 2017. The Code 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: Complete

Download the Electronic Execution of Documents report. Download the summary paper. Download the Welsh summary of the paper. The problem The law relating to signatures and other formal documentary requirements has a history spanning centuries. In today’s world, individuals, consumers and businesses demand modern, convenient methods for entering into binding transactions. Technological developments have changed … Read more >

Electronic trade documents

Project status: Analysis of responses

We anticipate publishing our final report in the Spring of 2022. Download the consultation paper here. Download a summary of the consultation paper here. The problem International trade is worth £1.153 trillion to the UK. The process of moving goods across borders involves a range of actors including transportation, insurance, finance and logistics service providers. … Read more >