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.
Research Briefing
This note provides information on the different types of fostering arrangements available, and the arrangements for taking a child into care.
Research Briefing
The Commons is due to consider Lords Amendments to the Legal Aid, Sentencing and Punishment of Offenders Bill on Tuesday 17 April 2012. This note draws attention to the principal changes, additions and deletions that were made in the Lords.
Research Briefing
The purpose of this note is to provide an overview of the background too, and the main features of, the revised OFT guidance.
Research Briefing
This is a report on the House of Commons Committee Stage of the Protection of Freedoms Bill. It complements Research Paper 11/20 prepared for the Commons Second Reading.
Research Briefing
On the 15th of March 2011, the Government published the Draft Defamation Bill and a consultation paper (which included questions on a number of issues which were not included in the Bill itself). The consultation will remain open until 10 June 2011 and a Government response is promised by autumn 2011. The draft Bill was the Government's response to a number of complaints that had been raised around the defamation laws in England and Wales. The consultation paper noted that "there has been mounting concern over the past few years that our defamation laws are not striking the right balance, but rather having a chilling effect on freedom of speech". It also acknowledged worries that the threat of libel proceedings might be used to frustrate robust scientific and academic debate or to impede responsible investigative journalism.
Research Briefing
This is a report on the House of Commons Committee Stage of the Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Bill (the Bill). It complements Research Paper 11/07 prepared for the Commons Second Reading. The Bill is a Private Member's Bill. It was presented to Parliament by Greg Knight, through the ballot procedure, on 30 June 2010 as Bill 8 of 2010-11 and had its second reading on 21 January 2011. The Bill had a single sitting in a Public Bill Committee on 16 February 2011. No amendments had been tabled and there was no disagreement to any of the clauses. The Bill was reported without amendment. The Bill would, in certain circumstances, protect the inheritance rights of the descendants of people who have forfeited their inheritance by killing the deceased; or who have decided not to accept their own inheritance. Broadly, it would implement, with modifications, a number of the recommendations of the Law Commission in its 2005 report, The Forfeiture Rule and the Law of Succession. The Bill would extend to England and Wales.
Research Briefing
In 2010, the Legal Services Commission held a tendering exercise for new contracts for crime and civil legal aid work. This resulted in a significant drop in the number of firms awarded contracts for family and social welfare work. A judicial review brought by the Law Society led to those contracts being quashed.
Research Briefing
The Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Bill is a Private Member’s Bill introduced by Greg Knight under the ballot procedure. The Ministry of Justice has indicated to Greg Knight that it will support the Bill and has assisted with drafting the Bill and the Explanatory Notes. The Bill would protect the inheritance rights of the descendants of people who have: • forfeited their inheritance by killing the deceased; or • decided not to accept their own inheritance. It would give general effect to the recommendations of the Law Commission in its 2005 report, The Forfeiture Rule and the Law of Succession, which were accepted by the Labour Government in 2006. Similar provisions to those contained in the Bill were included in the Draft Civil Law Reform Bill which the Labour Government published in December 2009. The Coalition Government is not proceeding with that draft Bill.
Total results (page 15 of 18)