University of Cambridge, Faculty of Law

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Shona Wilson

Girton College

Law Reform...Now? Fifty Years of the British Law Commissions

Summary

Law reform has a long history in Britain. As long ago as 1425, a Scottish Act sought to appoint a commission to "examyn the bukis of law of this realme ... and mend the lawis that nedis mendment". The creation of a Law Commission for England and Wales (the "LCEW") and the Scottish Law Commission (the "SLC", together the "Commissions") in 1965 was, however, not without controversy. Yet the Commissions continue to operate and will soon celebrate their fiftieth anniversary. There has not yet been any comprehensive study of the Commissions. Such a study should be carried out, since the Commissions perform an important function and are publicly funded bodies. The findings will have wider implications concerning the role of law reform bodies generally and how their success should be measured. The research seeks to trace the history of the Commissions, with an emphasis on the relationship between the Commissions and government - which is important in determining the efficacy and function of the Commissions. Central to this will be the question of how devolution has affected the SLC. The thesis will also consider academic and judicial attitudes to the Commissions. Other law reform bodies will also be examined, such as the New Zealand Law Commission, the Louisiana State Law Institute and the New York State Law Revision Commission. Empirical research will be carried out to determine internal and governmental views of the Commissions.

Start Date: 2011/10.

End Date: 2014/09.

Education / CV

Academic Qualifications

2011-2014: Ph.D. candidate, University of Cambridge.

2007-2008: Diploma in Legal Practice (Dip. L.P.), University of Aberdeen.

2004-2005: Master of Laws by Research (LL.M.), with distinction, University of Aberdeen (40,000 word thesis entitled "A comparison of the right to silence and the right of non-cooperation in providing bodily samples").

2000-2004: Bachelor of Laws (LL.B. (Hons)), First Class Honours, University of Aberdeen.

Professional Qualifications

Solicitor and Notary Public in Scotland.

Employment

2010-2011: Legal assistant, Scottish Law Commission.

2010-2011: Tutor (supervisor) in Criminal Law and Evidence, University of Edinburgh.

2008-2010: Legal trainee, Burness LLP, Edinburgh.

2004-2008: Research assistant and tutor (supervisor) in Criminal Law, University of Aberdeen.

Scholarships and Prizes

2012: Pillman Fund (for conference attendance), Girton College, University of Cambridge.

2011-2014: Cambridge Home and EU Scholarship Scheme (CHESS), University of Cambridge (full award).

2011-2014: Pfeiffer Scholarship, Girton College, University of Cambridge.

2011-2014: Clark Foundation for Legal Education, Tods Murray LLP, Edinburgh.

2007-2008: Law Society and Society of Advocates Prize for one of six best Diploma in Legal Practice graduates, University of Aberdeen.

2004-2005: LL.M. fees scholarship, University of Aberdeen.

2000-2004: Prince of Wales Scholarship, University of Aberdeen.

Other responsibilities

2012: Exam invigilator, Girton College, University of Cambridge.

2012: Assisted with organisation of Cambridge Journal of International and Comparative Law Conference, Agents of Change: The Individual as a Participant in the Legal Process, 19-20 May 2012.

2011: Speakers Committee, Cambridge Union Society.

2011-2012: Editor, Cambridge Journal of International and Comparative Law.

2011-2012: Death Penalty Clinic, Cambridge University Lawyers Without Borders.

2011-2012: Streetlaw Project, Cambridge University Pro Bono Society.

Fields of Research

  • Law reform
  • Legal practice
  • Government and law
  • Modern legal history
  • Criminal justice
  • Criminal law

Representative Publications

Publications

  • With A. McMillan, "Experts and Arbiters: Ne'er the Twain Shall Meet?" 2008 Juridical Review 273-289.
  • "Sir Gerald Gordon: A Bibliography" in J. Chalmers, L. Farmer and F. Leverick (eds.), Essays in Criminal Law in Honour of Gerald Gordon (2010, Edinburgh University Press).
  • "Prescription and Limitation of Actions in Scotland and England in Relation to Disputes in Construction Contracts" (2011) 15 Edinburgh Law Review 122-128.
  • With Z. Prodromou, "Thematic Analysis: Criminal Evidence and Procedure" (2012) 1 Cambridge Journal of International and Comparative Law (Supreme Court Review Issue) (forthcoming).
  • Book review: "E.E. Sutherland et al (eds.), Law Making and the Scottish Parliament: The Early Years" (2012) 16 Edinburgh Law Review 289-291.
  • "Reforming the Law (Commission): A Crisis of Identity?" 2013 Public Law (forthcoming).

Presentations

  • Poster presentation, "Law Reform ... Now? Fifty Years of the British Law Commissions", King’s College London, International Graduate Legal Research Conference, 19-20 April 2012. Fully funded by the Girton College Pillman Fund.
  • Pecha Kucha presentation, "Law Reform ... Now? Fifty Years of the British Law Commissions", Girton College Graduate Research Seminar, 24 May 2012.
  • "An Examination of the Scottish Law Commission: Work in Progress", Paper presented to the Scottish Law Commission, 7 June 2012.
  • "Promoting Law Reform: An Examination of the Scottish Law Commission", University of Edinburgh, Scots Law Research Conference, 8 June 2012.

Dissertation
Supervisors

Dr John Ford (Supervisor) and Stuart Bridge (Advisor).