Tag Archives: law commission

Law Commission confirms status of electronic signatures

In December 2017 the Law Commission confirmed that one of the projects it would be working on was addressing the absence of explicit case law and legislation that has given rise to uncertainty as to the validity of electronic signatures in some cases. Consequently, the Law Commission has now published early conclusions from its review […]

Where next for SARs?

We have written an article on the Law Commission’s Consultation paper on changes to the SARs regime.

Law Commission consults on SAR regime

The Law Commission has published the long awaited consultation on making the AML and CFT SARs regime work better. The paper focuses on the consent provisions in POCA and the Terrorism Act and the disclosure offences in those laws. The regime has been beset with problems including proliferation of defensive reporting, the burdens of the […]

Law Commission to look at SARs consent regime

The Law Commission is to review and suggest improvements to the consent regime under POCA and the Terrorism Act. It will specifically look at: defensive reporting the burdens on businesses caused by the consent and disclosure provisions and the impact of suspending transactions under the consent requirements. The matter is currently in the pre-consultation stage, with […]

Law Commission opens consultation on expanded definition of ‘insurable interest’

The Law Commission and the Scottish Law Commission have published an updated bill that proposes an expansion to the concept of insurable interest for life-related insurance. By using the term ‘life-related insurance’, the bill intends to create a wider category of insurance than just traditional life insurance, thereby also covering other forms of insurance which […]

GOVERNMENT SCRAPS NEW GOODS MORTGAGES BILL

HM Treasury has published the response to its September 2017 consultation on the proposed Goods Mortgages Bill and has announced that it is no longer planning to introduce new legislation on this subject at this time. This follows a review of the existing legislation governing creation of security over goods by individuals which began in 2014. In a 2016 report, the Law […]

Law Commission to address electronic signatures and smart contracts in 13th Programme of Law Reform

The Law Commission has announced the programme of reforms it will be working on over the next 3 years.  The projects include: Electronic signatures: there is an absence of explicit case law or legislation confirming that documents executed with an electronic signature satisfy statutory requirements for documents to be in writing and/or signed and/or under […]

Law Commission publishes draft Goods Mortgages Bill

Following a 2016 report in which the Law Commission concluded that the Bills of Sale Acts should be repealed and replaced with legislation less burdensome to lenders and more protective of borrowers,  and its consultation over the summer on draft clauses for new legislation, the draft Goods Mortgages Bill has now been published. Currently governed […]

Law Commission consults on draft clauses for the Goods Mortgages Bill

This month, the Law Commission published a consultation paper on draft clauses that would form part of the new Goods Mortgages Bill, which replaces the Bills of Sale. Background In September 2014, HM Treasury asked the Law Commission (LC) to review the Bills of Sales Act.  The LC’s 2016 report recommended that the Bills of […]