HC Deb 17 May 1966 vol 728 cc231-2W
Sir P. Rawlinson

asked the Attorney-General what subjects are presently being studied by the Law Commissioners, and with what priority; when the recommendations of the Law Commissioners on each separate subject will be announced; and whether he will make a statement.

The Attorney-General

The following items in their first law reform programme are being studied simultaneously by the Law CommissionItem I. Codification of the law of contract. Item II. Exemption by contract from common law liabilities:

  1. (a)Limits on exemption clauses;
  2. (b)Regulation of exemption clauses;
  3. (c)The doctrine of fundamental breach.
Item III. Consideration, third party rights in contract and contracts under seal. Item IV. Civil liability for dangerous things and activities. Item V. Civil liability for animals. Item VI. Personal injury litigation: (b) Assessment of damages. Item VII. Civil liability of vendors and lessors for defective premises. Item VIII. Codification of the law of land lord and tenant. Item IX. Transfer of land. Item X. Family law:
  1. (a)Matrimonial law;
  2. (b)Family inheritance and property law;
  3. (c)Jurisdiction in family matters.
 Item XII. Recognition of foreign divorces, nullity decrees and adoptions. Item XIII. Imputed criminal intent (D.P.P. v. Smith). Item XV. Miscellaneous matters involving anomalies, obsolescent principles or archaic procedures:
  1. (a)Actions for loss of services, loss of consortium, seduction and enticement;
  2. (b)Breach of promise and damages for adultery;
  3. (c)Actions for pound-breach, rescous and replevin;
  4. (d)Actions for the tort and crime of maintenance;
  5. (e)Obsolete crimes.
 Item XVII. Interpretation of statutes.

Priority is being given by the Com mission to Items II, VIII, IX, X and XII. Apart from less substantial proposals for law reform which the Com mission have under consideration, they are at present also studying the powers of the Court of Appeal to sit in private and restrictions upon publicity in legitimacy proceedings. At this stage it is impossible to say when the recommendations of the Commissioners on each subject will be announced.