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 >
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 >
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 >
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 >
Project status: Complete
Project status: Complete
This project considered two areas of the law of inheritance and certain aspects of trustees’ powers. Intestacy When a person dies “intestate”, that is without leaving a valid will disposing of the whole of his or her property, the distribution of any money and other assets (the deceased’s “estate”) among surviving family members is governed by … Read more >
Project status: Complete
Project status: Complete
Project superseded by Intoxication and Criminal Liability (2009)
Project status: Complete
Many crimes, particularly crimes of violence, are committed when the offender is in a state of extreme or partial intoxication, usually as a result of the voluntary consumption of alcohol but often because of his or her use of (other) drugs, or a combination of alcohol and drugs. This view is supported by a number … Read more >
Project status: Complete