The Law Commission

 


THE LAW COMMISSION

(LAW COM No 288)

ANNUAL REPORT 2003/04

The Thirty-eighth Annual Report of the

Law Commission

Laid before Parliament by the Secretary of State
for Constitutional Affairs and Lord Chancellor pursuant to section 3(3) of the Law Commissions Act 1965

Ordered by The House of Commons to be printed 28 June 2004

HC 642 London: TSO £    .    

The Law Commission was set up by section 1 of the Law Commissions Act 1965 for the purpose of promoting the reform of the law.

The Commissioners are: The Honourable Mr Justice Toulson, Chairman

Professor Hugh Beale QC

Mr Stuart Bridge

Professor Martin Partington CBE

Judge Alan Wilkie QC

The Chief Executive of the Law Commission is Mr Steve Humphreys and its offices are at Conquest House, 37-38 John Street, Theobalds Road, London, WC1N 2BQ.

The terms of this report were agreed on 15 June 2004.

The text of this report is available on the Internet at: http://www.lawcom.gov.uk

CONTENTS

	Paragraph
FOREWORD BY THE CHAIRMAN
PART I: SUMMARY
PART II: SOME FEATURES
This report	2.2
Targets for 2003/04 and 2004/05	2.3
Our publications in 2003/04	2.4
New law reform work	2.5
Quinquennial review	2.6
Equality and diversity	2.8
Tributes	2.9
Code of best practice for Law Commissioners	2.12
Major targets for 2003/04
Major targets for 2004/05
PART III: IMPLEMENTATION OF LAW COMMISSION REPORTS
Introduction	3.1
Action during this period	3.2
Summary	3.2
(A) IMPLEMENTATION
Double jeopardy and prosecution appeals	3.4
Hearsay in criminal proceedings	3.5
Evidence of bad character in criminal proceedings	3.6
Bail and the Human Rights Act	3.8
Execution of deeds and documents	3.10
Business tenancies	3.11
(B) GOVERNMENT DECISIONS ON OUR REPORTS
The effective prosecution of multiple offending	3.12
Non-accidental death of or serious injury to children	3.14
Third parties' rights against insurers	3.15
(C) CURRENT POSITION OF SOME OF OUR REPORTS AWAITING IMPLEMENTATION
Offences against the person	3.17
Involuntary manslaughter	3.18
Corruption offences	3.19
Fraud	3.21
Limitation of actions	3.24
Damages for personal injury	3.26
Aggravated, exemplary and restitutionary damages	3.29
Company law	3.30
Mental incapacity	3.32
Perpetuities and accumulations	3.34
Distress for rent	3.35
Responsibility for state and condition of property	3.37
Compulsory purchase	3.38
PART IV: COMMON LAW AND COMMERCIAL LAW
Partnership law	4.1
Pre-judgment interest on debts and damages	4.7
Registration of security interests	4.11
Unfair contract terms	4.14
The forfeiture rule and the law of succession	4.17
Illegal transactions	4.19
PART V: CRIMINAL LAW
Assisting and encouraging crime	5.1
Non-accidental death of or injury to children	5.2
Codification of the criminal law	5.5
Partial defences to murder	5.6
PART VI: HOUSING AND ADMINISTRATIVE JUSTICE
Change of name	6.1
Housing law reform	6.2
Renting homes	6.4
Future work	6.8
Land, valuation and housing tribunals	6.10
Publication of local authority reports	6.14
PART VII: PROPERTY AND TRUST LAW
Termination of tenancies	7.1
Easements and analogous rights and land obligations	7.5
Compulsory purchase	7.9
Trustee exemption clauses	7.16
Capital and income in trusts: classification and apportionment	7.20
The rights of creditors against trustees and trust funds	7.24
PART VIII: STATUTE LAW
Consolidation	8.1
Statute law revision	8.13
PART IX: EXTERNAL RELATIONS
Parliament, Ministers and Government Departments	9.3
Seminars, conferences, lectures and working parties	9.4
Socio-legal research	9.5
Scottish Law Commission	9.9
Other contacts	9.10
Publishing and the Internet	9.12
PART X: STAFF AND RESOURCES
Staff	10.1
(a) Recruitment and working patterns	10.2
(b) Legal staff	10.3
(c) Research assistants	10.7
(d) Corporate service team	10.8
(e) Library	10.12
Resources	10.14
APPENDICES
A: The Law Commission's role and methods	Appendix A
B: The Law Commission's implemented reports since 1985	Appendix B
C: Law Commission law reform reports awaiting implementation	Appendix C
D: Visitors from overseas	Appendix D
E: Staff	Appendix E
F: The cost of the Commission	Appendix F

ANNUAL REPORT 2003/04

To the Right Honourable the Lord Falconer ofThoroton, Secretary of State for Constitutional Affairs and Lord Chancellor

Not many people outside the law know what the Law Commission does. This is a pity because it is a matter of real public importance that laws which affect so many aspects of people's lives should be as clear, well considered and accessible as possible. Our function is to examine areas of the law which are unsatisfactory and to make recommendations for their reform and simplification.

During this year we have produced reports which cover a wide variety of areas. These are described in further detail in this report.

A key to our work is the consultation process. We never produce recommendations for law reform without first testing our ideas by a thorough process of public consultation. We are very grateful to all

who have given their time to help us in our work by responding to our consultation papers or attending seminars. Quite simply, they have made an indispensable contribution to our work.

We are keen to engage not only with professionals in the legal world but with the public and voluntary sector. During the year we have had helpful meetings with the National Council of Voluntary Organisations and the National Association of Citizens Advice Bureaux. We also took the opportunity, with the help of the BBC, to analyse the responses of the public to the Today Programme's "Listeners Law" competition.

The year sadly saw the death of a distinguished and much respected former Chairman of the Law Commission, Sir Ralph Gibson. One of the Commissioners appointed during his term of chairmanship was Brenda Hale, who served as a Law Commissioner until her appointment to the High Court Bench. We were delighted when this year she became the first woman appointee to the House of Lords. The projects which she led as a Law Commissioner included what is now the Children Act and a report and draft bill on mental incapacity, which is now in the process of being taken through Parliament (under the title of the Mental Capacity Bill).

At the end of 2003 our Chief Executive, Michael Sayers, retired after several years of excellent service to the Commission. He has been succeeded by Steve Humphreys. I am delighted to take this opportunity to express my appreciation of all who work at the Commission. They are dedicated to the task of producing better law and their work is done to an excellent standard.

I am also grateful for the help and support which we have received from ministers and officers within your department and other departments.

ROGER TOULSON, CHAIRMAN

Ý
Þ