Mental Incapacity

Project status: Complete

Our decision to investigate the law relating to mental incapacity was made after a number of outside bodies drew problems and deficiencies in the present law to our attention. The Law Society in particular provided much of the stimulus for the review by publishing a discussion document in January 1986. An important case (Re F) … Read more >

Aggravated, Exemplary and Restitutionary Damages

Project status: Complete

We published our final report on this project on 16 November 1997. In the report we make recommendations for the reform of exemplary damages, which aim to punish the wrongdoer. We consider that aggravated damages should be viewed as purely compensatory and recommend that, if exemplary (or ‘punitive’) damages are retained, their availability must be … Read more >

Corruption

Project status: Complete

This project has been superseded by our work on Bribery. We carried out this project in response to calls from two prestigious bodies for a review of this area of the law: the Salmon Commission and the Nolan Committee. We were also very conscious of the consequences of corruption, which strikes at the root of … Read more >

Liability for Psychiatric Illness

Project status: Complete

Download the report The problem The issue of liability for psychiatric illness following negligence is unsatisfactory. Some argue that that it should have the same principles that apply to physical illness. Others that it should be abandoned all together. Claims for psychiatric illness brought about through negligence had gained increased exposure following the disaster at … Read more >

Fraud and Deception

Project status: Complete

We consulted on this project in April 1999 and published our final report in 2002, along with a draft Bill. Our final report made recommendations for reforming and simplifying the law of fraud, by repealing the eight offences of deception created by the Theft Acts 1968–96 and abolishing the common law crime of conspiracy to … 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 >

Sharing Homes

Project status: Complete

This discussion paper examines the property rights of those who share homes. It covers a broad range of people – not only “couples”, married or unmarried, but also friends, relatives and others who may be living together for reasons of companionship or care and support.

Trustees’ Powers and Duties

Project status: Complete

The aim of this project was to review the law governing trustees’ powers to invest trust funds in default of the inclusion of express powers of investment in the will or trust instrument, and to consider, for England and Wales, a range of reforms, intended to facilitate more effective trust administration, including: collective delegation by trustees … Read more >