Reviewing the code is among several pieces of legislation the Commission has included in its latest programme of law reform projects after widespread consultation with people and organisations across England and Wales.
Commission chiefs said the review will address two key issues: firstly the drafting of the code following criticism from courts and lawyers that it is “unclear and inaccessible”; and secondly, considering the way disputes are resolved.
The Right Honourable Lord Justice Munby, Chairman of the Law Commission, said: “The Law Commission exists solely to review the law and recommend reforms to make it fair, modern, accessible and cost-effective. Each area of law we will examine in the Eleventh Programme has been identified as being flawed and at risk of creating confusion and injustice. Each demands review and reform.”
Work is set to begin in September 2011 and a consultation paper published about a year later. The Commission is expected to publish a report on their recommendations in spring 2013.