What the general election means for law firms

Timeline breakdown

22nd May 2024 - Rishi Sunak asked the King to dissolve parliament and called for a general election on 4th July.

24th May 2024 - Parliament continued to sit until 24th May when it was prorogued i.e. this Parliamentary session and its business were concluded.

30th May 2024 - Parliament was dissolved, ending all business in the House of Commons and every seat became vacant, so there are no longer any MPs. Government ministers, however, stay in their roles until a new government is formed post-election. Members of the House of Lords remain, but all business in the House has ended.

4th July 2024 – Polling day, happening 25 working days after Parliament is dissolved.

Understanding the parliamentary process & terminology

For those curious about the process or terminology, here’s a bit more detail:

Wash-up period:

The period from 22nd May (when the election was announced) to 24th May (when Parliament was prorogued) is known as the "wash-up" period. It lasted only two days this time.

During wash-up, Parliament tries to complete any outstanding business before it’s dissolved. This means parties needing to work together, and quickly, to decide which Bills they can get through to become Acts before dissolution. Any legislation that hasn’t been completed by the end of wash-up won’t become law and generally, but not always of course, can’t be carried over for the next Parliament to deal with.

Pre-election period

During this period, restrictions are placed on government activity so as to make sure public money isn’t used to support the ruling party’s campaign and to maintain civil service impartiality. This time, these restrictions began on 25th May, the day after Parliament was prorogued. This used to be known as purdah but now it’s referred to as a period of sensitivity.

Dissolution vs Prorogation:

The main difference here is that after prorogation, the same Parliament reconvenes, whereas after dissolution, an election is held and a new Parliament is formed.

How the general election has affected the legalisation

At Access Legal, our dedicated experts are always monitoring changes in the legalisation that might affect our workflows and require us to update our case management systems.

With Parliament now dissolved and the passing of legislation at a standstill, here’s a look at those Bills which did and didn’t make it through the ‘wash-up’ period to become Acts:

Bills that became Acts:

• Building Societies Act 1986 (Amendment) Act
• British Nationality (Irish Citizens) Act
• Digital Markets, Competition and Consumers Act
• Finance (No. 2) Act
• Leasehold and Freehold Reform Act.
• Media Act
• Paternity Leave (Bereavement) Act
• Pet Abduction Act
• Post Office (Horizon System) Offences Act
• Victims and Prisoners Act
• Zoological Society of London (Leases) Act

Unfortunately, there wasn’t enough time for certain other pieces of legislation to become law. 

Bills that didn’t make it:

• Arbitration Bill
• Artificial Intelligence (Regulation) Bill
• Courts (Remote Hearings) Bill
• Criminal Justice Bill
• Data Protection and Digital Information (No.2) Bill
• Litigation Funding (Agreements) Bill
• Renters Reform Bill
• Sentencing Bill
• Strategic Litigation Against Public Participation Bill

Upcoming Reports and Reviews

The general election has put on hold the publication of The Legal Services Board’s report on the Solicitors Regulation Authority’s handling of the Axiom Ince collapse. As a public body, the Legal Services Board is bound by guidance not to compete with the election campaign for public attention. Full story on The Law Society Gazette.

The Lord Chancellor has completed his review of the whiplash tariff, as required under the Civil Liability Act and has said “As per the requirements of the Act, I will lay a report outlining my review and conclusions in the libraries of both Houses on the return from Whitsun recess”. It is now unclear whether the publication of his report in early June will happen because of the election. More information can be found on Legal Futures.

The Criminal Legal Aid fees increase and the Civil Legal Aid Review will now be put on hold due to the election and this has caused great disappointment within the legal industry. A final report summarising the review’s evidence-building phase, green paper consultation and the government’s response to the call for evidence was scheduled for July but is now on hold. Find out more on The Law Society Gazette.

You can also keep up to date via The Law Society website. 

Watch this space for further updates.