Research Briefing
The Coalition Agreement included a commitment to encourage volunteering and involvement in social action. The Government intends that the Social Action, Responsibility and Heroism Bill will help to fulfil this commitment by reassuring volunteers (and others) that the courts will consider the context of their actions in the event that they are sued for negligence or breach of statutory duty.
Research Briefing
Legislation in England and Wales (the Marriage (Same Sex Couples) Act 2013) and in Scotland (the Marriage and Civil Partnership (Scotland) Act 2014) introduces marriage for same sex couples. The legislation will also enable civil partners to convert their civil partnership into marriage, and transsexual people to change their legal gender without necessarily having to end their existing marriage.
Research Briefing
This is a report on the House of Commons Committee Stage of the Inheritance and Trustees’ Powers Bill [HL] (the Bill). It complements Research Paper 14/11 prepared for the Commons Second Reading.
Research Briefing
The Inheritance and Trustees’ Powers Bill [HL] is based substantially on a draft bill prepared by the Law Commission. It is following the special procedure which applies to Law Commission bills. The Bill is a technical Bill which would amend aspects of the law of intestacy and family provision claims; and the statutory powers of trustees in all trusts.
Research Briefing
The Criminal Justice and Courts Bill would make a number of changes to the criminal justice system including sentencing; cautions; prisoners’ release and recall; and the detention of young offenders. It would also reform court proceedings and costs; establish a new system of strict liability in contempt proceedings; create new offences for juror misconduct; make changes to the conduct and funding of judicial review claims; and amend the law on extreme pornography.
Research Briefing
The Immigration Bill was introduced in the House of Commons on 10 October 2013 and had its Second Reading on 22 October. It is due to have Report stage and Third Reading on 30 January 2014. This Note discusses the main issues debated in Public Bill Committee.
Research Briefing
This note describes the background to the Defamation Act 2013 and summarises the main provisions. It also describes the procedural and cost reforms which accompanied the Act.
Research Briefing
The Bill provides the legislative framework for a new Diffuse Mesothelioma Payment Scheme to make payments to people with diffuse mesothelioma who were exposed to asbestos either negligently or in breach of statutory duty by an employer, and who are unable to bring a claim for damages against the employer or an Employers’ Liability (EL) insurer.
Research Briefing
The Immigration Bill would significantly reduce migrants’ rights of appeal; restrict access to services including private rented accommodation, bank accounts and NHS services by reference to immigration status; establish new arrangements for investigating sham marriages and examining persons departing the UK; and make various other changes related to immigration controls.
Research Briefing
Alternative dispute resolution (ADR) is the collective term for settling civil disputes with the help of an independent third party and without the need for a formal court hearing. Alternatives to litigation include: mediation, ombudsmen schemes and arbitration. In relevant circumstances, ADR schemes may offer certain advantages over going to court in that they can be more flexible, quicker, less stressful and less expensive.
Research Briefing
The Children and Families Bill introduces a wide range of legislation concerning adoption and children in care, aspects of family justice law, special educational needs, the Office of the Children’s Commissioner for England, child care, statutory rights to leave and pay for parents and adopters, time off work for ante-natal care, and the right to request flexible working. This paper complements Research Paper 13/11 prepared for the Commons Second Reading.
Research Briefing
This note provides a brief overview of the different types of debt enforcement methods available to a creditor who is in possession of a court judgment. The rest of the note deals only with Charging Orders; how charging orders are now granted by the court and enforced by way of an Order for Sale.
Research Briefing
In October 2008, the Law Commission began work on a project dealing with intestacy and family provision claims on death. In December 2011, the Law Commission published a final report and two draft bills. The Law Commission found “many instances where the current law is outdated, confusing or places unnecessary obstacles in the way of those with a valid claim to share in a deceased person’s assets”. It recommended a package of reforms “that would modify the current legal rules to reflect modern social expectations and to remove arbitrary or unduly technical aspects, while leaving intact the fundamental structure of the English law of “succession” to property on death”.
Research Briefing
This is a report on the House of Commons Committee Stage of the Marriage (Same Sex Couples) Bill. It complements Research Paper 13/08 prepared for the Commons Second Reading.
Research Briefing
This note provides a summary of the problems identified with the current regulatory system for bailiffs and the background to bailiff reform. It also provides an outline of the Government’s proposed reforms as set out in its consultation paper, ‘Transforming bailiff action’. Importantly, it considers the new bailiff provisions embodied in ‘enforcement by taking control of goods’ in the Crime and Courts Bill, which seek to amend Part 3 and Schedule 12 of the TCEA 2007.
Total results (page 13 of 17)