Law Reform (Tort) Flashcards
What does law reform mean?
The process of changing and updating the law to reflect current values and needs of modern society
Who is the Law Commission?
Main law reform body; set up by Law Commissions Act 1965
What does the Law Commission consist of?
A chairman who is a High court judge and four others who are highly qualified lawyers
What is their success rate and recent reforms?
66% success rate;
Coroners and Justice Act 2009 - Abolished law of provocation to murder and brought loss of control
Consumer Rights Act 2015 - gives legal right to reject faulty goods and right to refund
How is law reformed?
Codification, Consolidation and Repeal
What is codification?
Bringing together all the law on one topic into one code of law e.g Fraud Act 2007
What is consolidation?
Combining the law from several Acts of Parliament into one e.g OAPA 1861
What is repeal?
When Acts of Parliament are no longer relevant they are cancelled out and replaces e.g Larceny Act 1916 repealed by Theft Act 1968
What are advantages of reform through the Law Commission?
Non-political (don’t work with an agenda), Can simplify to be more accessible, Consults before finalising with experts, Done by legal experts
What are disadvantaged of reform through the Law Commission?
Failure of Parliament to implement changes, lack of Parliamentary time, don’t follow all recommendations and don’t need to be consulted by government for changes
