Civil law
This page highlights some of the current parliamentary material available on civil law. This includes select committee reports, briefing papers on current legislation and other subjects produced by the parliamentary research services, and the latest Early Day Motions put down by MPs.
Standard Notes
| Date | Description |
|---|---|
| 14.02.2013 | Domestic violence |
| Domestic violence accounted for 15% of all violent incidents in 2011/12. Nearly one third of women and nearly one fifth of men say they have experienced domestic abuse since the age of 16. This standard note looks at the Goverment's policy on this area. | |
| 12.02.2013 | Divorce: Repeal of Family Law Act 1996 Part II |
| Part 2 of the Family Law Act 1996, most of which has never been brought into force, would have introduced 'no fault divorces' and required the parties to a divorce to attend 'information meetings' with a view to encouraging reconciliation where possible. A series of information meeting pilot schemes was launched in June 1997 following which Lord Irvine of Lairg, who was then Lord Chancellor, announced, in January 2001, that the Government would invite Parliament to repeal Part 2 once a suitable legislative opportunity occurred. He confirmed that this decision would not affect section 22, in Part 2, relating to the funding of marriage support services, which had been brought into force and would remain so. | |
| 28.01.2013 | Legal aid: Paying the statutory charge |
| For some clients, legal aid in civil cases is provided at no cost. Others who keep or retain money or property (for example in claims for financial provision on divorce) may, at the end of their case, have to repay some or all of the costs. The Legal Services Commission will make a charge or claim - known as the statutory charge - on the client's money or property. This may be done at the conclusion of the case or several years after the event. This note describes how the statutory charge may be levied. | |
| 16.01.2013 | Referral fees in personal injury claims |
| Provisions in the Legal Aid Sentencing and Punishment of Offenders Act 2012, which are due to come into force in April 2013, will ban referral fees in personal injury cases. When implemented, the new provisions will prohibit the payment and receipt of referral fees by making it a regulatory offence (rather than a criminal offence) to pay or receive referral fees, in specified types of legal business. | |
| 27.11.2012 | Presumption of Death Bill: Committee stage report |
| This is a report on the House of Commons Committee Stage of the Presumption of Death Bill (the Bill). It complements Library standard note, Missing persons and the presumption of death (SN/HA/4890). |
Research Papers
| Date | Description |
|---|---|
| 26.02.2013 | Justice and Security Bill [HL] Committee Stage Report |
| This paper has been produced following the Committee Stage of the Justice and Security Bill in the House of Commons, which took place between 29 January and 7 February 2013. The Bill, which has proved contentious, was originally introduced in the House of Lords on 28 May 2012. It is aimed at modernising and strengthening the oversight of the intelligence and security services and would allow the civil courts to use 'closed material procedures' to hear sensitive evidence in cases that raised national security concerns. It would also preclude the courts from ordering the disclosure of sensitive information in certain circumstances. The Bill was revised significantly in the Lords and was introduced in the House of Commons on 28 November 2012. Second Reading took place on 18 December 2012. A number of noteworthy and controversial amendments were made to the Bill in Committee. | |
| 02.11.2012 | Trusts (Capital and Income) Bill [HL] |
| 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. | |
| 25.10.2012 | Family Justice (Transparency, Accountability and Cost of Living) Bill |
| 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. | |
| 03.09.2012 | Defamation Bill Committee Stage Report |
| 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. | |
| 28.05.2012 | Defamation Bill [Bill no 5 of 2012-13] |
| 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. |
Select Committee Reports
| Date | Description |
|---|---|
| 23.03.2010 | Pre-legislative scrutiny of the draft Civil Law Reform Bill. |
| Justice Select Committee report [Commons] | |
| 21.07.2009 | Green paper on the Brussels I Regulation. |
| European Union Select Committee (HL) report [Lords] | |
| 19.05.2009 | European contract law: the draft common frame of reference. |
| European Union Select Committee (HL) report [Lords] |
Early Day Motions
| Date | Description |
|---|---|
| 27.04.2011 | CIVIL LITIGATION COSTS REFORM |
| That this House expresses concern that the Government's proposals for reform to the costs regime for civil litigation will have particularly devastating consequences for human rights ... | |
| 21.03.2011 | LIBEL REFORM |
| That this House welcomes the publication of the draft Defamation Bill as an essential step towards the necessary and urgent reform of the UK's outdated and unbalanced libel laws; notes ... | |
| 06.01.2010 | VICTIMISATION IN THE WORKPLACE |
| That this House recognises that people who are victimised in the workplace or treated unfairly in the recruitment process need to be able to challenge employers and seek redress; understands ... | |
| 09.12.2009 | LIBEL LAW REFORM |
| That this House notes that human rights activists, scientists, writers and journalists are prevented from publishing, and the public prevented from reading, matters of strong public ... | |
| 20.07.2009 | SUPREME COURT OF ENGLAND AND WALES (S.I., 2009, No. 1498) |
| That an humble Address be presented to Her Majesty, praying that the Civil Proceedings Fees (Amendment) Order 2009 (S.I., 2009, No. 1498), dated 10 June 2009, a copy of which was laid ... |
Lords Library Notes
| Date | Description |
|---|---|
| 04.10.2012 | Defamation Bill (HL Bill 41 of 2012-13) |
| This Library Note is published in advance of the second reading in the House of Lords of the Defamation Bill on 9 October 2012. |
