Reform the English Legal System
Automated decision-making systems use algorithms – a set of rules or instructions that must be followed – to help people make decisions. Some are rule-based systems that apply a “decision tree” to model and apply a set of rules. Others include more sophisticated machine learning, which uses statistical models and data sets to make ever better predictions. All of these systems aim to save time, reduce costs, and improve the quality and consistency of decisions typically made by human users. Each jurisdiction has its own laws, judicial systems, lawyers and judges. However, in determining whether a family law project is appropriate for the Law Commission, it is important to distinguish between problems that can be resolved through detailed legal analysis and addressed through structural legislative changes and problems related to the practical application of the law. Issues of funding and resources, for example, were not appropriate for the Legal Committee. Similarly, the government is unlikely to give the necessary approval for the Law Commission to work in politically sensitive areas on which it has already issued a political opinion. Now that the UK has control over all relevant legislation, there are ways to bring more coherence to the areas of national legislation most affected by leaving the EU.
We recognize that the various ministries have already identified some high-priority areas that need to be reformed. The Legal Committee could consider a comprehensive project to study the areas where redress of legislation is likely to bring the greatest benefit, in close collaboration with the Office of the Parliamentary Adviser and the Government`s Legal Department. This work can identify priority thematic areas of law that need to be streamlined, which would help provide a solid basis for the future development of the law. Alternatively, some areas of retained EU law could already be identified as in need of reform. The right to information is now generally governed by a mix of national and EU law retained contained in the Data Protection Act 2018 and GDPR UK. In a recent report, the Centre for Ethics and Data Innovation (CDEI) highlighted the importance of increasing trust in the processing and sharing of public sector data. As the government develops its data strategy, the next few years may prove ripe for legislative reform in this area. This could focus on harmonising existing legislation after leaving the European Union. The law may need to be adapted to modern requirements, for example with regard to non-personal, anonymised or pseudonymised data. We look forward to ideas in this area of law. We were also mentioned in more technical areas of law, such as the technical right to vote in municipal and national elections or the law on the online publication of laws and legal acts. We mention these areas to illustrate some of the issues where we could support the Welsh Government`s efforts to simplify and modernise the law and look forward to hearing from the Welsh public which areas of the law they think would benefit from legislative reform.
This area of law is currently uncertain, and there is a sense that the international trading community is waiting for a jurisdiction to grab the bull by the horns. A lack of clarity on the rules can hinder the introduction of new and potentially more effective technologies. The Legal Committee could clarify the internal legal situation and identify situations that might require the development of new rules instead of the similar extension of existing regulations. The Commission remains committed to meeting the reform needs of England and Wales in our changing constitutional context. Legal reform in Wales is an essential part of our work, especially as devolution has gained momentum in the UK. The amendments to the Legal Commissions Act 1965 and a protocol between the Commission and the First Minister mean that our relationship with the Welsh Government is well established. The 12th Legal Reform Programme included two projects exclusive to Wales: the Form and Accessibility of Law and Planning Law. Our last programme resulted in a project on decentralized courts; We have also launched a coal landfill safety project in Wales. The common law has always been administered in the King`s courts, and justice has developed as a separate system of primarily discretionary remedies administered by the Lord Chancellor, often as a means of mitigating the injustice committed by rigid common law rules. Simple concepts such as trusts are now generally treated as part of the activities of the Chancery Division before the High Court, but since the judicial acts of 1873-75, when the systems of law and equity were amalgamated, they are no longer treated as separate courts and legal and equitable remedies can be provided in all courts.
There is a limit to the extent to which common law judges, no matter how creative or “activist,” can reform outdated legislation, especially if it stems from legislation. In such circumstances, only parliament can amend the law. The need for such change often follows a period of research and consultation by the Law Commission, which was established to review old or inadequate laws and propose reforms. In principle, each project could focus on non-controversial technical legal reform or extend to substantive issues. In both cases, this could lead to much-needed efficiencies within criminal courts, which could help reduce the backlog and generate significant savings. We welcome views on the value of such reform and the scope of a possible project. The Law Commission has spent some time considering some ideas for possible areas of legislative reform. We have proposed a number of these ideas below. We stress that these are only our original ideas and that we do not in any way give priority to these areas over other areas that could be proposed in the framework of the consultation of the 14th Programme. Nor have we tested these ideas thoroughly, including assessing whether they are likely to be supported by the government. They are intended to give an idea of the scale and scope of the work we can envisage.
However, we look forward to hearing your views on these proposals. A review by the Legal Commission would build on our previous work on electronic application, assess current requirements for the application of instruments (electronic and paper) and propose reforms. We believe that the review should include careful consideration of the need to protect vulnerable persons who sign documents with significant legal consequences. For example, different proposals may need to be developed for individuals and commercial entities. For many years, English law and courts have been the choice of law and jurisdiction in a large percentage of international contracts in the energy sector and beyond. English law is “flexible, predictable and stable”, the judicial system is “robust and reliable”[1] and this fairness, efficiency and relative certainty continue to be a strong attraction for the parties. In addition, the English courts have proven to be extremely good, both with complex cases and cases requiring shipping. There are a number of important legal databases covering UK law. Below is a list of the most important databases or in the Legal Databases tab for more information and links to online tutorials. We therefore welcome comments on whether our next legislative reform agenda should include a review of the legal framework governing the role of automation in public decision-making. We are particularly interested in whether there are specific policy areas – for example, social security or local authorities – that would receive early attention. We recognize the particular concerns of some stakeholders regarding certain aspects of children`s rights; for example, the extent to which the law effectively gives children a voice in matters affecting them and supports the rights afforded to children under Article 12 of the United Nations Convention on the Rights of the Child.
But we are also interested in issues that affect adults, including the legal consequences of relationship breakdown, and issues that affect specific groups, such as access to information about their origin (e.g., those born through assisted reproduction). Do not hesitate to share your ideas with us. The Arbitration Act 1996 has been praised for helping to make the UK – and London in particular – a destination of choice for commercial arbitration. However, this year marks the 25th anniversary of the 1996 Arbitration Act, which provides a good opportunity to review it again, especially as other jurisdictions have adopted more recent reforms. This potential project would revise the 1996 Act and propose possible amendments if necessary. The aim would be to maintain the attractiveness of England and Wales as a “target” for dispute settlement and the primacy of English law as a choice of law. There is no database containing all UK legal material, but the 2 main databases are Westlaw Edge UK and LexisLibrary members OR can access both via their Oxford single sign-on details. For more information on this and a list of other useful electronic resources (including free resources), see the Database section in the left column or tab above for specific types of material.