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HMLR – fraud

November 2023 | Conveyancing

Property practitioners should remind their clients about the risk of property fraud. HMLR has a useful fact sheet available that firms can send to their clients on how property owners can protect themselves. But HMLR also has form COG1 (updating registered owner’s contact address). It can be completed by the registered owner whose address is …

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Procedure – filming in courts

November 2023 | Crime

Transparency and security in the courts system has just been improved with the introduction of the Courts (Prescribed Recordings) Order 2023. Particularly, the number of Crown Court judges whose sentencing remarks can be broadcast has been expanded, and adoption orders can now be marked with photographs in court (effectively disapplying s41 CJA 1925 and s9 …

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Exchange – process changing?

November 2023 | Conveyancing

As if conveyancers did not have enough to think about, the Law Society has just announced a ‘consultation’ about the process for exchanging contracts. According to them, there is ‘uncertainty’ around exchanging contracts in commercial and residential transactions. Off the back of this perceived uncertainty, the Law Society is proposing a new code for signing …

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HMLR – form HR4

November 2023 | Conveyancing

From HR4 (cancellation of home rights registration) has been updated. It is necessary to include the evidence required to support the application for cancellation. If the evidence for cancellation is a court order, an original or certified copy sealed by the court should be sent in with the application. The form has been updated to …

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Dependency claims – permitted claimants

November 2023 | Wills, probate and administration

At issue here was whether a claimant’s surviving spouse could bring and/or continue a dependency claim against a deceased estate. The I(PFD)A 1975 is clear as to the classes of individuals with the legal right to bring a claim, which does not include the spouse or a class member. In this case, a couple died …

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Offences – laughing gas

November 2023 | Crime

Possession (without legitimate reason) of laughing gas – technically ‘nitrous oxide’, which is a new psychoactive substance – has been made illegal and penalties range from a caution, an unlimited fine or imprisonment (up to 14 years for dealing). Serious users could be sentenced to up to two years’ imprisonment. Nitrous oxide was made a …

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BSA higher risk building – guidance

November 2023 | Conveyancing

The government has issued guidance on the legal criteria for determining whether a building is considered a higher-risk building under the Building Safety Act 2022, the Building Act 1984 (as amended by the Building Safety Act 2022) and the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023. Conveyancers must note that this is a different …

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Youth courts – advocacy

November 2023 | Crime

The Law Society has published a practice guide on advocacy in the youth court. Bearing in mind that many children involved in the justice system may have mental health issues, learning difficulties and/or be in care, representing them can be particularly challenging. The Society signposts lawyers to a raft of useful resources, including SRA and …

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HMLR – PG68

November 2023 | Conveyancing

PG68 (amending deeds that affect dispositions of registered land) has been updated in relation to a point of great practical significance to conveyancers. If a clerical error has been made in a transfer, under Rule 130 LRR 2003, HMLR has the power to correct a mistake in any application or accompanying document. Rule 130 states: …

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SRA – client and matter risk templates

November 2023 | Conduct, practice and risk management

SRA-regulated firms will be interested to note that the SRA has issued a seven-page client and matter risk assessment template. Firms that are in scope of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR) must carry out a written client and matter risk assessment under regulations 28 …

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