High Court’s Jurisdiction in Relation to Criminal Proceedings

Project status: Complete

The High Court has supervisory power over the Crown Court, but it is limited. It does not include “matters relating to trial on indictment”. The reason for this limitation is that it is in the interests of justice for trials to proceed without being delayed by appeals and applications to the High Court. The problem lies … Read more >

Housing: Encouraging Responsible Letting

Project status: Complete

This project, which arises out of our previous work on housing law reform and tribunals, aimed to identify and address regulatory challenges in the private rented sector. It was the first project we undertook jointly with the Welsh Assembly Government. (Housing is a policy area devolved to the National Assembly for Wales.) In this project we were not … Read more >

Housing: Proportionate Dispute Resolution

Project status: Complete

In this project we set out to review the law and practice on how housing disputes are resolved, with the aim of reforming it to make it simple, effective, fair and proportionate. In May 2004, the Department for Constitutional Affairs asked us to look at how housing disputes are dealt with. The Department’s White Paper, Transforming … Read more >

Illegality

Project status: Complete

Where a claimant in a civil action has been involved in illegal activities, how far should this prevent them from enforcing their normal legal rights? This project looks at the way that the law of trusts, contract, unjust enrichment and tort responds when a claimant has been involved in some form of illegal conduct connected to … Read more >

Insanity and Automatism

Project status: Complete

When should a person not be criminally liable because of their mental condition at the time they committed an alleged offence?  This is the question posed by what is called the defence of “insanity”. Similarly, a person might not be criminally liable because they lacked conscious control of their actions at the time of committing … Read more >

Insurance Contract Law

This is a joint project with the Scottish law Commission. We began work in January 2006 when the teams at the two Commissions issued a scoping paper, inviting views on which areas of insurance contract law were in need of reform. In the light of the responses received, the teams published a second paper setting … Read more >

Insurance Contract Law: Business Disclosure, Warranties, Insurers’ Remedies for Fraudulent Claims, and Late Payment

Project status: Complete

On 15 July 2014, the Law Commission and the Scottish Law Commission presented to Government recommendations for reform of the law in four areas of insurance law: The duty of disclosure in business and other non-consumer insurance The law of insurance warranties Insurer’s remedies for fraudulent claims Late payment of insurance claims These reforms would … Read more >

Insurance Contract Law: Insurable Interest

Project status: Analysis of responses

In March 2015, we published an issues paper seeking views on updated proposals. We had consulted on insurable interest twice before: in an Issues Paper in 2008, and as part of our 2011 Consultation Paper: Insurance Contract Law: Post Contract Duties and other Issues. Our updated and simplified proposals were well supported. A summary of … Read more >