Martin Partington: Spotlight on the Justice System

Keeping the English Legal System under review

Implementation of Law Commission reports

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As a former law Commissioner, I retain an interest in the progress being made with the implementation of Law Commission reports. Under the Law Commission Act 2009, the Government is required to publish an Annual Report setting out progress with the implementarion programme. All went swimmingly up to March 2015 – annual reports were duly published, as required.

But nothing in 2016. The Government has now (January 2017) published the sixth report on implementation, setting out progress between January 2015 and January 2016 – but ‘updated to the point of publication’ – i.e. including details of what happened during 2016.

So what happens now? It seems unlikely that there will be a further formal report until early 2018. Reports every other year might actually make good sense. But that is not what the legislation requires. So long as the legal requirement for an annual report is on the statute book Government should take note of it.

Turning to the content of the report itself, if has to be said that, while no reports from the Law Commission have been definitively rejected by the Government,  the list of reports still under consideration by the Government is considerably longer than the list of reports implemented either wholly or in part.

The main success stories were in the areas of consumer rights, contempt of court by jurors, and the rights of third parties against insurers.

Looking to the future, the administrative burden that will inevitably be associated with the Brexit negotiation is likely to result in even slower implementation of reforms which – by definition – will have lower political prioroty.

For details of the Implementarion report, see https://www.gov.uk/government/publications/report-on-the-implementation-of-law-commission-proposals-january-2015-to-january-2016

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Written by lwtmp

January 23, 2017 at 11:36 am

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