New this month...


HMLR – PG52

June 2024 | Conveyancing

HMLT has updated PG52 (easements claimed by prescription). Section 4.2 has been amended to clarify that a statement of truth or statutory declaration in support of a prescriptive easement must show continuous use up until immediately prior to the application being made. This is an important point for practitioners, so section 4.2 bears repetition in …

This article is only available to subscribers.

Sentencing – historic sex offences; early release provisions

June 2024 | Crime

When an adult is sentenced for sex offences committed as a child, the starting point is the sentence likely to have been imposed if sentenced shortly after the offence – a principle established in R v Ahmed [2023] EWCA Crim 281. At issue in this case was whether the sentencing court should also take account …

This article is only available to subscribers.

Drugs – classification

June 2024 | Crime

The war on drugs-related crime continues with six new synthetic opioids being classified as Class A – adding to the 15 synthetic opioids already made subject to the strictest level of controls earlier this year. The six new drugs include acyl piperazine opioids and derivatives, including 2-methyl-AP-237; and (importantly) any new nitazenes detected in the …

This article is only available to subscribers.

HMLR – PG76

June 2024 | Conveyancing

HMLR’s PG76 (charging orders) gives advice on the points to take into account when considering making an application for entry of an agreed or unilateral notice or a Form K restriction in respect of a charging order made under the Charging Orders Act 1979. It also covers how an application to the court (including an …

This article is only available to subscribers.

Contested probate – conditional orders

June 2024 | Wills, probate and administration

A recent case was, said the judge, a tragedy – ‘like a modern-day King Lear’ – a husband and daughter (the claimants) versus her mother and her father’s (T) estate. The tragedy was not just the family fall out, but also the financial implications: the costs budget of £772,000 was significant in comparison to the …

This article is only available to subscribers.

Sentencing – driving disqualification

June 2024 | Crime

D was disqualified from driving for two years but, around 18 months later, breached that disqualification by driving a rented Audi Q7 car. He pleaded guilty to driving while disqualified (and to two further offences of possessing an offensive weapon and affray). The judge sentenced him to four months’ imprisonment for the driving offence and …

This article is only available to subscribers.

HMLR – PG19

June 2024 | Conveyancing

HMLR has updated section 3.4.5 of PG19 (notices and restrictions) to clarify who can and who cannot normally apply for the registration of a consent restriction such as Form N, part of which now reads: ‘If the application was for a consent restriction such as Form N, the registrar would have to be satisfied that …

This article is only available to subscribers.

Proceeds of crime – crypto assets

June 2024 | Crime

Criminals are increasingly bold in their use of crypto assets for money laundering and related crime. New rules have been introduced, giving powers to the police and NCA to seize a suspect’s crypto assets without any arrest having been made. Related items, such as flash drives, memory sticks and written passwords, can also be seized. …

This article is only available to subscribers.

TA6 – continued controversy

June 2024 | Conveyancing

We reported in our April 2024 edition (p7) on the Law Society’s update of the Property Information Form to take account of the ‘Material Information’ guidance that Trading Standards issued to estate agents in November 2023. The legal press and social media continues to be awash with comments on the updated form and the risks …

This article is only available to subscribers.

LSB – complaints

June 2024 | Conduct, practice and risk management

On 16 May 2024 the LSB issued requirements on how lawyers handle ‘consumer’ complaints. All firms may wish to consider and take heed. It issued Requirements, Guidance and a statement of policy to regulators to improve the way in which first-tier complaints are handled. First-tier complaints are the initial complaints that consumers make to their …

This article is only available to subscribers.