Reform of s 25 criteria for a divorce financial settlement: after 50 years it’s time for the Law Commission to propose a new law – Family Law

‘The statutory criteria to decide what is a fair financial settlement on divorce comes from the Matrimonial Causes Act 1973, now almost 50 years old. In reality it derives from judge made law. This has the benefit of being responsive and able to change. It has the disadvantage that there is no public or policy input into the law or changes in the law. It has the significant difficulty that by reference to almost unfettered discretion with propensity for contradictions or nuances in the judge made law it encourages litigation and discourages early settlement. David Hodson has proposed to the Law Commission, in its request for topics for its 14th programme of reform, that there should be a review of the criteria for fair and appropriate financial settlements. This sets out his proposals for the need for reform. It is in a question-and-answer process as required by the Law Commission for any submissions. It would be very helpful to hear from other lawyers and members of the public with their opinions on whether reform is needed and, far more problematical, what that reform should be.’

Full Story

Family Law, 12th August 2021

Source: www.familylaw.co.uk

Cyberflashing should be new criminal offence, review suggests – The Guardian

‘Unsolicited sending of obscene images should be made illegal through the creation of a new offence of cyberflashing, a UK government-commissioned review recommended.’

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The Guardian, 21st July 2021

Source: www.theguardian.com

Law Commission seek views on corporate criminal liability – Law Commission

‘The Law Commission is seeking views on whether, and how, the law relating to corporate criminal liability can be improved so that they appropriately capture and punish criminal offences committed by corporations, and their directors or senior management.’

Full press release

Law Commission, 9th June 2021

Source: www.lawcom.gov.uk/

Proposals to allow electronic documents would revolutionise trade – Law Commission

‘The Law Commission has announced a consultation on proposals to allow for the legal recognition of electronic versions of documents such as bills of lading and bills of exchange. If implemented, the reforms could revolutionise global trade and bring the processes into the 21st Century. We are also considering reform of the legal treatment of cryptoassets and digital assets and today published a call for evidence as part of that process (see below).’

Full press release

Law Commission, 30th April 2021

Source: https://www.lawcom.gov.uk/proposals-to-allow-electronic-documents-would-revolutionise-trade/

Draft Bill for transfer of ownership rules published by Law Commission – Law Commission

Posted April 26th, 2021 in bills, consumer protection, Law Commission, press releases, sale of goods by tracey

‘The Law Commission has today published a draft Bill that would introduce new rules into the Consumer Rights Act 2015 about the transfer of ownership under contracts for the sale of goods between a trader and a consumer.’

Full text

Law Commission, 23rd April 2021

Source: www.lawcom.gov.uk/

Reforms to laws around intimate image abuse proposed to better protect victims – Law Commission

‘Proposals to improve protections for victims whose intimate images are taken or shared without their consent have today [26 February 2021] been published by the Law Commission of England and Wales.’

Full press release

Law Commission, 26th February 2021

Source: www.lawcom.gov.uk/

When is a wedding not a marriage? Exploring non-legally binding ceremonies – Law & Religion UK

Posted January 13th, 2021 in civil partnerships, Law Commission, marriage, news by sally

‘Why might couples in England and Wales today opt for a non-legally binding wedding ceremony in addition to their legally binding one?’

Full Story

Law & Religion UK, 12th January 2021

Source: lawandreligionuk.com

Law Commission seeks views on smart contracts – Law Commission

Posted December 17th, 2020 in computer programs, contracts, Law Commission, press releases by tracey

‘The Law Commission has today [17 December 2020] launched a call for evidence to help ensure that the technology of smart contracts can thrive in England and Wales.’

Full press release

Law Comission, 17th December 2020

Source: www.lawcom.gov.uk

Law Commission issues proposals for reforming offence of misconduct in public office – Local Government Lawyer

‘The “outdated and unclear” common law offence of misconduct in public office should be replaced by two new statutory offences of corruption in public office and breach of duty in public office, the Law Commission has said.’

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Local Government Lawyer, 7th December 2020

Source: www.localgovernmentlawyer.co.uk

Commission proposes block on ‘vexatious’ misconduct prosecutions – Law Society’s Gazette

‘The ancient common law offence of misconduct in public office is “too ill-defined and uncertain to be maintained in the criminal law,”.the Law Commission has concluded, recommending its replacement with two new offences. The proposed reform would also block ‘vexatious’ private prosecutions of public figures.’

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Law Society's Gazette, 4th December 2020

Source: www.lawgazette.co.uk

Civil law, religion and marriage in the United Kingdom: a long read – Law & Religion UK

‘This began as a handout for the Cardiff LLM in Canon Law: it’s about the law on the formation of marriage – “weddings law” – rather than matrimonial law more generally.’

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Law & Religion UK, 11th November 2020

Source: lawandreligionuk.com

UK lawyers uneasy about plan to prosecute hate speech at home – The Guardian

Posted November 5th, 2020 in freedom of expression, hate crime, Law Commission, news, privacy, prosecutions by tracey

‘Proposals to prosecute individuals for hate crimes based on what they discuss in their own homes need to be more widely debated, free speech organisations have said.’

Full Story

The Guardian, 4th November 2020

Source: www.theguardian.com

Law Commission begins project on Corporate Criminal Liability – Law Commission

‘The Government has asked the Law Commission to investigate the laws around corporate criminal liability and provide options to reform them.’

Full press release

Law Commission, 3rd November 2020

Source: www.lawcom.gov.uk

Search warrants reform to help law enforcement investigate crime – Law Commission

Posted October 7th, 2020 in evidence, Law Commission, police, statute law revision, Uncategorized, warrants by tracey

‘Reforms that would reduce the number of unlawful search warrants being issued and help law enforcement to investigate crime and collect evidence (especially that stored electronically) have today [7 October 2020] been recommended by the Law Commission, the Government’s independent law reform body.’

Full press release

Law Commission, 7th October 2020

Source: www.lawcom.gov.uk

Law Commission’s consultation on marriage reforms – Law Society’s Gazette

‘When most couples start planning a wedding, they excitedly think about the day itself – what they will wear, who they will invite and of course, where they want to get married.’

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Law Society's Gazette, 24th September 2020

Source: www.lawgazette.co.uk

Misogyny ‘should become a hate crime in England and Wales’ – The Guardian

‘Misogyny should be made a hate crime in England and Wales, according to the independent body that recommends legal changes, as part of an overhaul of legislation.’

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The Guardian, 23rd September 2020

Source: www.theguardian.com

Law Commission consults on reforms to confiscation regime – Local Government Lawyer

Posted September 22nd, 2020 in confiscation, consultations, enforcement, Law Commission, news, proceeds of crime by sally

‘The Law Commission has launched a consultation on proposals to reform the confiscation regime which it says “could help recover an extra £8m per year from convicted criminals, by more accurately and efficiently determining a defendant’s criminal proceeds and more effectively enforcing confiscation orders”.’

Full Story

Local Government Lawyer, 21st September 2020

Source: www.localgovernmentlawyer.co.uk

Reforms to confiscation regime to recover £8 million more per year – Law Commission

‘Proposals to reform the confiscation regime could help recover an extra £8 million per year from convicted criminals, by more accurately and efficiently determining a defendant’s criminal proceeds and more effectively enforcing confiscation orders. The proposals are outlined in a consultation paper published today [17 September 2020] by the Law Commission of England and Wales.’

Full press release

Law Commission, 17th September 2020

Source: www.lawcom.gov.uk

Greater protections for victims of online abuse proposed by Law Commission – Law Commission

‘The Law Commission has today published proposals to better protect victims from harmful online behaviour including abusive messages or emails, cyberflashing, and pile-on harassment. Reforms to tackle the malicious sharing of information known to be false have also been proposed.’

Full press release

Law Commission, 11th September 2020

Source: www.lawcom.gov.uk

Reforms to UK’s antiquated spying laws published by Law Commission – Law Commission

‘Reform is needed to bring the law into the 21st century and protect the United Kingdom from espionage (spying) and unauthorised disclosures (leaks), according to a report from the Law Commission that has been laid in Parliament today [01 September 2020].’

Press release

Law Commission, 1st September 2020

Source: www.lawcom.gov.uk