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

Download the accompanying notes to the draft Bill Download the draft Bill Download the response form The problem At its simplest, the requirement for insurable interest means that, for a contract of insurance to be valid, the person taking out the insurance must be affected by the subject matter of the insurance. They must stand … Read more >

Intermediated securities

Project status: Complete

Download the scoping paper on intermediated securities here Download the summary of the scoping paper on intermediated securities here The problem In the modern era, when you decide to invest in shares or bonds, you are unlikely to receive a paper certificate. Instead, most investors “own” securities through  computerised credit entries in a register called … Read more >

Intestacy and Family Provision Claims on Death

Project status: Complete

Download the report Download the summary The problem It’s thought that around 40% of adults do not have a will. When a person dies without one, the distribution of their assets is governed by a set of legal rules –  the intestacy rules. In addition to this, certain family members and dependants may apply to … Read more >