Research Briefing
People who join together to buy real property (a house, flat, land) are known as co-owners. Typically, this may mean a couple in a relationship, whether married, in a civil partnership or cohabiting, or friends, who jointly buy a property to live in. There are two ways in which two or more people may hold (own) the underlying benefit in a property – as “beneficial joint tenants” or as “tenants in common”.
Research Briefing
This paper has been produced following the Committee Stage of the Justice and Security Bill in the House of Commons, which took place between 29 January and 7 February 2013. The Bill, which has proved contentious, was originally introduced in the House of Lords on 28 May 2012. It is aimed at modernising and strengthening the oversight of the intelligence and security services and would allow the civil courts to use ‘closed material procedures’ to hear sensitive evidence in cases that raised national security concerns. It would also preclude the courts from ordering the disclosure of sensitive information in certain circumstances. The Bill was revised significantly in the Lords and was introduced in the House of Commons on 28 November 2012. Second Reading took place on 18 December 2012. A number of noteworthy and controversial amendments were made to the Bill in Committee.
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 has been prepared for the Second Reading of the Bill.
Research Briefing
The Marriage (Same Sex Couples) Bill was introduced into the House of Commons on 24 January 2013 and is due to have its second reading debate on 5 February 2013. It would introduce civil marriage for same sex couples, and enable religious organisations to opt in to conduct same sex marriages if they wish to do so. The Bill includes provisions intended to protect religious organisations and individuals from being forced to conduct same sex marriages. The proposals have proved highly controversial with interested parties expressing strong opinions both for and against same sex marriage. The Bill would also enable civil partners to convert their partnership to a marriage and would enable married transsexual people to gain legal recognition in their acquired gender without having to end their marriage.
Research Briefing
The Bill would establish a new National Crime Agency and make a number of changes to the administration of justice. It also deals with the law of self defence as it applies to householders defending themselves from intruders; makes changes to community sentences and to immigration appeal rights; and introduces a new drug driving offence.
Research Briefing
Oxfam has launched a campaign on the issue of ‘land-grabbing’ – or what others would call ‘large-scale land acquisitions’ – in developing countries around the world, including by foreign governments or companies, with the World Bank primarily in its sights. This note is a brief introduction to the debate, current multilateral initiatives on the issue and the stance of the UK Government.
Research Briefing
This is a report on the House of Commons Committee Stage of the Presumption of Death Bill (the Bill). It complements Library standard note, Missing persons and the presumption of death (SN/HA/4890).
Research Briefing
This is a report on the House of Commons Committee Stage of the Trusts (Capital and Income) Bill [HL] (the Bill). It complements Research Paper 12/65 prepared for the Commons Second Reading.
Research Briefing
The Trusts (Capital and Income) 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 deals with technical and complex matters relating to trust law where trustees have to distinguish between capital and income in their management of the trust property. It is supported by the Opposition and by professional groups.
Research Briefing
The Bill has three parts. Part 1 deals with transparency and accountability in connection with cases concerning children and proceedings in the Court of Protection. Part 2 contains other provisions relating to the administration of justice; and Part 3 deals with the cost of living and measures to achieve lower fuel bills.
Research Briefing
This is a report on the House of Commons Committee Stage of the Defamation Bill. It complements Research Paper 12/30 prepared for Commons Second Reading. The date for Report Stage and Third Reading has yet to be announced.
Research Briefing
Section 60 of the Family Law Act 1996, which could allow third parties to apply for certain court orders on behalf of domestic violence victims, has never been brought into force. This note looks at some of the arguments surrounding this issue.
Research Briefing
This short note sets out the Government’s proposals, contained in the Justice and Security Green Paper (Cm 8194, 2011) to extend the use of closed material procedures (CMPs) in civil court cases. It also provides some background material on the use of Special Advocates.
Research Briefing
The Government indicates that the Defamation Bill is designed to reform the law of defamation to ensure that a fair balance is struck between the right to freedom of expression and the protection of reputation. Proposals to reform the defamation laws have a long history and bids to change the law have been somewhat contentious. Currently, defamation is governed substantially by the common law. Statutory intervention has been infrequent and the last Act exclusively concerned with defamation was passed in 1996. The Government committed to reform the defamation law in its Coalition Agreement. A draft Bill was published in March 2011 and subject to extensive pre-legislative scrutiny. The Government also conducted a separate consultation on the draft Bill. The Defamation Bill extends to England and Wales only. Second Reading is expected to take place on 12 June 2012.
Research Briefing
A number of MPs have contacted the Library concerning an e-mail that constituents have forwarded alleging abuse of the fostering system in order to benefit from the allowances available. The e-mail in question is not based in fact, and is a hoax. This short note explains the many errors in the “Breadwinner” email, and notes that an almost identical US version is also in circulation, which seems to be the source of the version discussed in this note.
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