New Sentencing Code to help prevent unlawful sentences being handed out – Law Commission

Posted November 22nd, 2018 in Law Commission, press releases, sentencing, statute law revision by tracey

‘A new Sentencing Code will reduce the number of unlawful sentences being handed out and save £250 million over ten years, the Law Commission has announced today. When they sentence offenders, judges have to contend with more than 1,300 pages of law filled with outdated and inaccessible language. This law is contained in over 65 different Acts of Parliament, and has no coherent structure. This makes it difficult for judges to identify and apply the law they need, which can slow the process of sentencing and lead to mistakes.’

Full press release

Law Commission, 22nd November 2018

Source: www.lawcom.gov.uk/

Not with a Whisper but a Bang: the new insurance laws in a Professional Indemnity Context – Hailsham Chambers

‘The changes of last August and the impending Enterprise Act 2016 changes for May of next year will transform the way we have to look at insurance contracts generally and, if our insurer clients’ underwriting departments have not substantially rewritten their proposal forms and policy documents, we can anticipate a few years of ongoing law making.’

Full Story

Hailsham Chambers, 3rd November 2017

Source: www.hailshamchambers.com

Discount Rate and Accommodation Claims: Is there a will and is there a way – Byrom Chambers

‘On 07.09.2016, the Lord Chancellor announced his much awaited response to the Consultation commenced by his predecessor following the decisions made on 27.02.2017 to lower the discount rate from 2.5% to -0.75%.’

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Byrom Street Chambers, September 2017

Source: www.byromstreet.com

Trans women need access to rape and domestic violence services. Here’s why – The Guardian

Posted November 22nd, 2017 in domestic violence, gender, news, rape, statute law revision, transgender persons, women by sally

‘All women face similar dangers, whether trans or not, and it’s distressing that some people seek to drive a wedge between our rights.’

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The Guardian, 21st November 2017

Source: www.theguardian.com

New research supports calls for no-fault divorce – Family Law

‘A landmark report published today by the Nuffield Foundation calls for an end to fault-based divorce law in England and Wales.’

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Family Law, 30th October 2017

Source: www.familylaw.co.uk

Government: ‘now is not the right time’ for review of marriage law – Family Law

‘The Government has informed the Law Commission that ‘now is not the right time’ for a full review of marriage law.’

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Family Law, 27th October 2017

Source: www.familylaw.co.uk

Jack Simson Caird: The European Union (Withdrawal) Bill: Constitutional Change and Legal Continuity – UK Constitutional Law Association

‘Nine months after Theresa May first announced that there would be a ‘Great Repeal Bill’, and three and a half months after triggering Article 50, the European Union (Withdrawal) Bill (EUW Bill) was published on 13 July 2017. The Bill is a complex mixture of constitutional change and legal continuity. This post highlights some of its main elements.’

Full Story

UK Constitutional Law Association, 18th July 2017

Source: ukconstitutionallaw.org

The Insolvency Rules 2016: an assault on red tape? – Hardwicke Chambers

‘The long-awaited overhaul of the Insolvency Rules 1986 (IR 1986) is now complete, and the Insolvency Rules 2016 (IR 2016) came into force on 6 April 2017. The journey to this point has not been without its difficulties and it would be fair to say that many had anticipated them being in force some time earlier. Perhaps unusually for provisions so overtly procedural in their nature, IR 2016 have also proved to be somewhat controversial.

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Hardwicke Chambers, 14th June 2017

Source: www.hardwicke.co.uk

Robert Craig: Zombie Prerogatives Should Remain Decently Buried: Replacing the Fixed-term Parliaments Act 2011 (Part 1) – UK Constitutional Law Association

‘In the light of widespread dissatisfaction with the Fixed-term Parliaments Act 2011 (‘FTPA’), the Conservative party manifesto states, at page 43, “We will repeal the Fixed-term Parliaments Act”. This post explores the constitutional implications if, as seems likely, the Conservative Government continues to command a majority in the House of Commons after the election and seeks to convince Parliament to repeal the Act.’

Full story

UK Constitutional Law Association, 24th May 2017

Source: www.ukconstitutionallaw.org

Victorian abortion law ‘breaches human rights’ – The Guardian

Posted November 21st, 2016 in abortion, human rights, news, statute law revision by sally

‘A campaign to push for abortion to be removed from the justice statutes and decriminalised is to be launched this month by the country’s newest political party.’

Full story

The Guardian, 20th November 2016

Source: www.guardian.co.uk

Nick Barber, Tom Hickman and Jeff King: Pulling the Article 50 ‘Trigger’: Parliament’s Indispensable Role – UK Constitutional Law Association

‘In this post we argue that as a matter of domestic constitutional law, the Prime Minister is unable to issue a declaration under Article 50 of the Lisbon Treaty – triggering our withdrawal from the European Union – without having been first authorised to do so by an Act of the United Kingdom Parliament. Were he to attempt to do so before such a statute was passed, the declaration would be legally ineffective as a matter of domestic law and it would also fail to comply with the requirements of Article 50 itself.’

Full story

UK Constitutional Law Association, 27th June 2016

Source: www.ukconstitutionallaw.org

Back to the drawing board: it’s time to rethink LASPO – Halsbury’s Law Exchange

Posted June 1st, 2016 in budgets, civil justice, legal aid, news, statute law revision by sally

‘Four years ago the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) received royal assent. In the following April cuts to legal aid were introduced that according to the government’s own estimates denied access to justice to over 300,000 people. Since the controversial legislation was approved by parliament there have been calls for it to be reviewed (see “Overdue review?”, Jon Robins, NLJ, 22 April 2016, p 7). In the Cabinet Office guide to making legislation it was recommended that a review should take place three to five years after the legislation received royal assent. So a review of LASPO should happen soon.’

Full story

Halsbury’s Law Exchange, 25th May 2016

Source: www.halsburyslawexchange.co.uk

Defamation reforms have helped to curb ‘trivial claims’, says campaign group – OUT-LAW.com

Posted January 6th, 2016 in defamation, news, statute law revision by sally

‘Reforms to defamation laws in England and Wales have helped to prevent “trivial claims” being brought before the courts, a campaign group has said.’

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OUT-LAW.com, 5th January 2016

Source: www.out-law.com

A modern legal framework for protecting and managing wildlife – Law Commission

Posted November 13th, 2015 in environmental protection, news, reports, statute law revision by tracey

‘In a report published on Tuesday 10 November the Law Commission recommends reforms to modernise and simplify the law regulating wildlife and create a flexible legal framework for the future.’

Full press release

Law Commission, 10th November 2015

Source: www.justice.gov.uk/lawcommission

Anti-apartheid heroes urge Cameron not to repeal Human Rights Act – The Guardian

Posted July 20th, 2015 in human rights, news, statute law revision by tracey

‘Some of South Africa’s most influential intellectuals and activists have urged David Cameron to reconsider his plans to repeal the Human Rights Act, warning that the move is reminiscent of the mindset that created apartheid.’

Full story

The Guardian, 19th July 2015

Source: www.guardian.co.uk

Bringing the statute book up to date – Law Commission

Posted June 3rd, 2015 in bills, news, repeals, statute law revision by sally

‘An Act from 1979 allowing referendums for a Scottish Parliament and Welsh Assembly is among legislation being recommended for repeal by the Law Commissions.’

Full story

Law Commission, 3rd June 2015

Source: www.lawcommission.justice.gov.uk

Medieval laws face axe in legal pruning – The Guardian

Posted June 3rd, 2015 in bills, debts, news, repeals, statute law revision, treason by sally

‘Legislation dating back to the reign of King Henry II – preventing removal of debtors’ goods from beyond their native county – will shortly disappear from the UK’s lawbooks.’

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The Guardian, 3rd June 2015

Source: www.guardian.co.uk

Oldest surviving law faces repeal after 747 years – BBC News

Posted December 5th, 2014 in debts, news, repeals, statute law revision by sally

‘Some of the oldest surviving legislation on Britain’s statute books is set to be repealed after 747 years.’

Full story

BBC News, 5th December 2014

Source: www.bbc.co.uk

Men banned from becoming Queen as 700 years of law redrafted ahead of gay marriage – Daily Telegraph

‘Words such as “widow” removed from statutes while medieval treason laws and even rules on royal titles amended ahead of gay marriage.’

Full story

Daily Telegraph, 21st February 2014

Source: www.telegraph.co.uk

Repealing old law – Law Commission

Posted February 6th, 2013 in news, repeals, statute law revision by sally

“The Statute Law (Repeals) Act 2013 has received Royal Assent. The Act gives effect to the repeals put forward by the Law Commission for England and Wales and the Scottish Law Commission in their 2012 Statute Law Repeals Report.”

Full story

Law Commission, 31st February 2013

Source: www.lawcommission.justice.gov.uk