The Law Commission published its final report on aviation autonomy, following a three-year review commissioned by the Department for Transport and the Civil Aviation Authority (CAA) and partly funded by UK Research and Innovation (UKRI). The report sets out recommendations relating to uncrewed aircraft systems (UAS), including drones and vertical take-off and landing (VTOL) aircraft. Its proposals address the harmonisation of legislative terminology; legislative changes to enable traffic management services for UAS; passenger safeguards for pilotless operations; the reallocation of pilot responsibilities in the context of fully autonomous operations; and updates to criminal law, including the law on hijacking. The recommendations have been submitted to the Government for consideration.

The Law Commission has published a document addressing frequently asked questions (FAQs) about digital assets in private international law, with a particular focus on their relationship to tax law, banking regulation and financial markets. This follows the Commission’s Call for Evidence in February 2024 and precedes an upcoming Consultation Paper on law reform proposals. The document aims to clarify how approaches to digital assets by revenue authorities, regulatory bodies and commercial practices may diverge from private international law. It also addresses concerns surrounding tokenised securities and linked assets in commercial contexts. The document was prepared by members of the Commercial and Common Law team at the Law Commission. It has not undergone peer review by Commissioners and is not an official Law Commission publication.

The Law Commission has published a scoping report on the laws governing finances on divorce and the ending of a civil partnership, which concludes that the law needs to be reformed and presents government with four models that reform could take, ranging from codifying the current case law to introducing default rules to determine the division of assets.

The Law Commission has reported that the Arbitration Bill has been re-introduced to Parliament. The Bill will enact the recommendations of the Law Commission to reform arbitration law. The Bill is intended to strengthen the UK’s domestic and international arbitration sector as well as attract international legal business and promote economic growth.

The Law Commission is reviewing the legal framework governing social care for children living with disabilities. The aim of the review is to ensure that the system is fair, modern and accessible, and that there is essential support for children living with disabilities. The Law Commission has published a consultation paper, inviting individuals to share their experiences with the existing system and provide feedback on proposed improvements. The consultation closes on 20 January 2025.

Family analysis: The Law Commission has published a scoping paper on financial remedies on divorce and dissolution. The fundamental question underlying this project was whether the current law ‘provides a cohesive framework in which parties to a divorce or dissolution can expect fair and sufficiently certain outcomes’. The Law Commission found that it does not. This News Analysis considers the background to this project, the Law Commission’s findings and what might happen next.

The Law Commission has announced its intention to consult on the right to renew business tenancies as part of its review of Part 2 of the Landlord and Tenant Act 1954 (LTA 1954), with a consultation paper scheduled for publication on 19 November 2024. This paper will pose key questions regarding potential reforms to LTA 1954, Part 2. Following this initial consultation, the Law Commission aims to publish a second, technical consultation.

The Law Commission of England and Wales has published its 14th Programme of Law Reform, outlining ten new projects aimed at modernising and simplifying the law. Among these are reviews of the law of deeds and the product liability regime. The Commission intends to address longstanding concerns about the suitability of these frameworks in light of technological change. The review of deeds will consider whether current legal requirements are compatible with digital execution and smart contracts, while the product liability project will assess whether the Consumer Protection Act 1987 (CPA 1987) continues to offer effective protection for consumers in the context of artificial intelligence and other emerging technologies. The timetable for each new project will be announced in due course.

The Law Commission of England and Wales has announced a new project to review the environmental laws applicable to agricultural businesses in England, following a request from the Department for Environment, Food and Rural Affairs. The project will identify opportunities to simplify, modernise and consolidate environmental legislation affecting the agricultural sector, while maintaining existing environmental standards. It may also consider whether any legislative barriers impede effective enforcement and assess the extent to which the current framework relies on prescriptive rules rather than outcome-based approaches. The project will exclude areas already subject to ongoing government review, including certain water regulations, and will not make recommendations to lower environmental standards.

Property Disputes analysis: Professor Nick Hopkins, commissioner for Property, Family and Trust Law and Colin Oakley, team lawyer, discuss the Law Commission’s review of Part II of the Landlord and Tenant Act 1954 (LTA 1954), announced in March 2023.

Causes of action When the victim of a personal injury or clinical negligence action has died prior to trial, two main claims are possible. A claim can be brought for: • the benefit of the deceased’s estate under the Law Reform (Miscellaneous Provisions) Act 1934 (LR(MP)A 1934) • on behalf of the dependants of the deceased under the Fatal Accidents Act 1976 (FAA 1976) While these claims can be pursued separately, they are often brought together. A claim brought for the benefit of the deceased’s estate is founded on a continuation of the cause of action to which the deceased was entitled the instant before they died. When a claim is brought on behalf of the dependants, a fresh cause of action is created, although the claim will only succeed if it can be shown that the deceased would have recovered damages if they were still alive. Who can bring a claim under the Law Reform (Miscellaneous Provisions) Act 1934? A claim on behalf of the deceased’s estate must

The Law Society of England and Wales has announced that its annual general meeting (AGM) will be held on 9 October 2024, in person (at the Law Society offices in London) and online. At the AGM, the 2023 AGM minutes and minutes of the special general meeting held on 23 July 2024 will be approved, newly elected Council members will take their seats, the Council's annual report will be received, accounts signed by auditors will be approved and business introduced by the Council will be discussed.