New collaboration on scoping study on international cooperation in criminal law – Law Commission

Posted September 8th, 2023 in criminal justice, international law, Law Commission, news by tracey

‘In a new initiative, the Law Commission of England and Wales has invited the Criminal Law Reform Now Network (CLRNN), an established research network, to look at whether a law reform project on international cooperation in criminal law is needed and, if so, what the scope might be.’

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Law Commission, 7th September 2023

Source: www.lawcom.gov.uk

Strengthened immunity protection proposed in Arbitration Act reform – Law Society’s Gazette

‘Arbitrators’ common law duty to disclose any reason for doubts as to their impartiality could be codified under proposals from the Law Commission of England and Wales today. The recommendation is among proposed updates to the Arbitration Act 1996 which the independent reform body has published along with draft legislation.’

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Law Society's Gazette, 6th September 2023

Source: www.lawgazette.co.uk

Law Commission drops plan to ban discrimination in appointing arbitrators – Legal Futures

Posted September 6th, 2023 in arbitration, bills, consultations, equality, Law Commission, news, sex discrimination by sally

‘The Law Commission has “reluctantly concluded” that banning discrimination in the appointment of arbitrators “could cause more problems than it solves”, particularly in triggering “unwarranted satellite litigation”.’

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Legal Futures, 6th September 2023

Source: www.legalfutures.co.uk

Renewing the 1954 Act – Root and Branch or Just a Trim? – Falcon Chambers

‘Oliver Radley-Gardner KC delivered a talk on the reform of the Landlord and Tenant Act 1954 (the 1954 Act) at the Falcon Chambers Property Law seminar in Manchester on 12 July 2023. This article outlines his thoughts on the Law Commission’s proposals to renew the Act.’

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Falcon Chambers, 19th July 2023

Source: www.falcon-chambers.com

Law Commission digital asset proposals ‘reassuring’ – OUT-LAW.com

Posted August 10th, 2023 in cryptocurrencies, Law Commission, news, reports by tracey

‘Law Commission proposals for how digital assets should be treated in English common law are “reassuring” and will help eliminate uncertainty over their legal status, according to two legal experts.’

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OUT-LAW.com, 9th August 2023

Source: www.pinsentmasons.com

Government publishes Law Commission implementation report – Law Commission

Posted August 7th, 2023 in government departments, Law Commission, news, statute law revision by tracey

‘The Government has recently published its regular report on the implementation of Law Commission proposals from January 2018 to January 2023.’

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Law Commission, 4th August 2023

Source: www.lawcom.gov.uk

Views sought on criminal appeals process – Law Commission

‘On Thursday 27 July, the Law Commission of England and Wales is publishing a paper asking for views on whether and how the law governing appeals for criminal cases should be reformed.’

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Law Commission, 26th July 2023

Source: www.lawcom.gov.uk

Law Commission recommendations to allow for electronic trade documents implemented in Electronic Trade Documents Act 2023 – Law Commission

Posted July 21st, 2023 in bills, documents, electronic commerce, electronic filing, Law Commission, news by tracey

‘On Thursday 20 July, the Law Commission’s recommendations on electronic trade documents became law as the Electronic Trade Documents Act 2023 secured royal assent.’

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Law Commission, 20th July 2023

Source: www.lawcom.gov.uk

Law Commission recommendations on espionage offences implemented in National Security Act 2023 – Law Commission

Posted July 17th, 2023 in Law Commission, news, official secrets act, spying by tracey

‘On Tuesday 11 July, the Law Commission’s recommendations on espionage became law as the National Security Act secured Royal Assent.’

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Law Commission, 13th July 2023

Source: www.lawcom.gov.uk

Fairness versus Certainty – Should the Matrimonial Causes Act 1973 be Amended to Restrict the Duration of Spousal Maintenance? – Financial Remedies Journal

‘As part of the Law Commission’s review of the law concerning financial division upon divorce, announced on 4 April 2023, it will consider “how maintenance payments for an ex-spouse or civil partner should work”. The terms of reference set out that the Law Commission is to consider specifically potential maximum periods for spousal periodical payment orders.’

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Financial Remedies Journal, 3rd July 2023

Source: financialremediesjournal.com

Speech by HHJ Pelling KC: Issues in Crypto Currency Fraud Claims – an update – Courts and Tribunals Judiciary

Posted July 3rd, 2023 in cryptocurrencies, fraud, judges, Law Commission, news by tracey

‘Speech by HHJ Pelling KC: Issues in Crypto Currency Fraud Claims – an update.’

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Courts and Tribunals Judiciary, 28th June 2023

Source: www.judiciary.uk

New recommendations for reform and development of the law on digital assets to secure UK’s position as global crypto hub – Law Commission

‘The Law Commission of England and Wales has today published recommendations for reform and development of the law relating to digital assets.’

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Law Commission, 28th June 2023

Source: www.lawcom.gov.uk

Digital assets: call for legislation to protect third category of ‘thing’ – Law Society’s Gazette

Posted June 29th, 2023 in cryptocurrencies, Law Commission, news, reports by sally

‘A third legal category of personal property – alongside the existing “things” (choses) of possession and action – should be formally recognised to cope with the world of cryptocurrencies and non-fungible tokens, the Law Commission recommends today.’

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Law Society's Gazette, 28th June 2023

Source: www.lawgazette.co.uk

Mark Hill KC & Simon Lee: State, Churches and Chancel Repairs – Twenty Years On – UK Constitutional Law Association

Posted June 26th, 2023 in appeals, Church of England, constitutional law, Law Commission, news, repairs by tracey

‘Twenty years ago today, on 26 June 2003, each of the five Law Lords in Aston Cantlow v Wallbank [2004] 1 AC 546 gave separate, detailed opinions on a matter at the cusp of public law and private law. Was the Parochial Church Council (PCC) of a beautiful parish church in Warwickshire responsible for the cost of necessary repairs to its fabric, or were the owners of a neighbouring farm subject to chancel repair liability? The church of St John the Baptist, Aston Cantlow, some three miles outside Stratford-upon-Avon, dated from Saxon times. In the first Elizabethan era, it is where William Shakespeare’s parents were married. In the second Elizabethan era, it attracted a judicial inquiry into the very nature of the Church of England.’

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UK Constitutional Law Association , 26th June 2023

Source: ukconstitutionallaw.org

Law Commission invited to review legislation on co-operatives and friendly societies – Law Commission

Posted June 21st, 2023 in company law, Law Commission, news by tracey

‘The Law Commission has today been invited by the Treasury to undertake two projects to review the legal frameworks governing co-operatives and community benefit societies, and friendly societies.’

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Law Commission, 16th June 2023

Source: www.lawcom.gov.uk

Could Juryless Trials Improve Rape Conviction Rates? – Each Other

Posted June 13th, 2023 in consultations, juries, Law Commission, news, rape, trial without jury by sally

‘The Law Commission of England and Wales is considering whether juryless trials could help improve rape conviction rates. All rape and attempted rape trials in England and Wales are currently held before a jury of 12 people, who listen to the evidence and decide unanimously whether the accused is innocent or guilty.’

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Each Other, 12th June 2023

Source: eachother.org.uk

Court of Appeal clears up leasehold confusion – Law Society’s Gazette

Posted June 1st, 2023 in enfranchisement, landlord & tenant, Law Commission, leases, news, rent by sally

‘The Court of Appeal has had the latest say on shared ownership leaseholders’ right to take over the management of their building – an area where the Law Commission has previously said the landscape is unclear.’

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Law Society's Gazette, 31st May 2023

Source: www.lawgazette.co.uk

Views sought on proposals to counter effects of rape myths in sexual offence trials – Law Commission

Posted May 26th, 2023 in consultations, evidence, Law Commission, news, rape, sexual offences by tracey

‘The Law Commission has today published proposals for reform of sexual offences prosecutions.’

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Law Commission, 23rd May 2023

Source: www.lawcom.gov.uk

Law Commission calls for tighter rules on use of personal records in rape trials – The Guardian

‘Greater restrictions should be introduced on the use of rape complainants’ personal records and evidence relating to their sexual behaviour to avoid rape myths contaminating trials in England and Wales, a government-commissioned review has said.’

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The Guardian, 23rd May 2023

Source: www.theguardian.com

Law Commission invited to review legislation on social care for disabled children – Law Commission

‘The Law Commission of England and Wales has been asked by the Department for Education to review the legal framework governing the social care of disabled children to ensure that the law is fair, modern and accessible, allowing children with disabilities to access the support they need.’

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Law Commission, 20th April 2023

Source: www.lawcom.gov.uk