Law Commission (England and Wales)

This article is about the body for England and Wales. For other Law (Reform) Commissions, see Law Commission.

In England and Wales the Law Commission is an independent body set up by Parliament by the Law Commissions Act 1965 in 1965 to keep the law of England and Wales under review and to recommend reforms. The organisation is headed by a Chairman (currently Lord Justice Munby, a judge of the Court of Appeal) and four Law Commissioners. It proposes changes to the law that will make the law simpler, more accessible, fairer, modern and more cost-effective. It consults widely on its proposals and in the light of the responses to public consultation, it presents recommendations to the UK Parliament that, if legislated upon, would implement its law reform recommendations.

In presenting its proposals, the Law Commission chooses an area of law to review after seeking the views of interested parties and taking into account whether it has the resources to do a thorough job of researching and reviewing the current law and producing recommendations that will receive the broadest possible measure of official and public acceptance. At any one time, approximately 20 areas of law will be under review. Law Commission projects cover a wide range of subjects that belong to the criminal law, property law, family and trust law, public law, commercial law and many other areas from time to time.

The Law Commission has a rolling programme of law reform projects, and every three years it consults on any new projects that should be added to the list of those that it already has under way. Consultations are due to begin on what should be included in the next programme, which will be the Commission’s eleventh programme since it was set up. When agreed, the eleventh programme will commence in 2011.

Approximately 68% of the Law Commission’s law reform recommendations have been enacted. A further 7% have been accepted by Government but not yet enacted, and 5% are awaiting a response from Government. Although this success rate is quite high, the Law Commission constantly seeks to improve it. A recent initiative that it hopes will contribute to an increase in the rate at which its recommendations in future will be enacted is a protocol that was set out in the Law Commission Act 2009. This protocol was agreed between the UK Government and the Law Commission, and under it the Lord Chancellor has undertaken to report annually to Parliament on Government’s responses to the Commission’s reports.

Current Commissioners

The current commissioners are:

• Professor Elizabeth Cooke
• David Hertzell
• Professor David Ormerod
• Frances Patterson QC

Chairs

• Lord Justice Munby (2009-)
• Lord Justice Sir Terence Etherton (2006–2009)
• Lord Justice Sir Roger Toulson (2002–2006)
• Lord Justice Carnwath (1999–2002)
• Lady Justice Arden (1996–1999)
• Lord Justice Henry Brooke (1993–1995)
• Lord Justice Sir Peter Gibson (1990–1992)
• Lord Justice Sir Roy Beldam (1985–1989)
• Lord Justice Sir Ralph Gibson (1981–1985)
• Lord Justice Sir Michael Kerr (1978–1981)
• Mr Justice J. Cooke (1973–1978)
• Lord Scarman (1965–1973)

See also

• Law reform
• Scottish Law Commission

External links

• Law Commission website
• ePolitix - Interview with Law Commission chair Roger Toulson - 31 January 2006