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HMLR – requisition cancellations

April 2021 | Conveyancing

HMLR has updated the timeframes relating to notification of requisition cancellations in PG 50 (requisition and cancellation procedures) again (we only covered this in our February 2021 edition (p5)). Section 2 has been updated as follows (update in italics): ‘The application will be cancelled if we do not receive a full reply, but not before …

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Sentencing – drugs; permitting premises to be used

April 2021 | Crime

A new sentencing guideline for convictions of permitting premises to be used has been published with effect from 1 April 2021. It is an offence under s8 Misuse of Drugs Act 1971 for occupiers or managers of property to allow their premises to be used for specific drug-related activities. In cases where D could receive …

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Offences – conspiracy to defraud

April 2021 | Crime

What’s interesting about this case is that the appellants (As) did not give evidence at trial or at the subsequent POCA proceedings. The As appealed confiscation orders made after being convicted of conspiracy to defraud lenders by securing mortgages to buy residential property. K had been sentenced to five years in prison, and Z to …

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HMLR – digital identity

April 2021 | Conveyancing

HMLR has introduced a new Practice Guide – PG81 (encouraging the use of digital technology in identity verification). HMLR has announced the ‘digital identity standard’ which is an enhanced level of check, defined by reference to a set of requirements. These involve biometric and cryptographic checking of identity and verification that the individual or individuals …

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Estate planning – negligence

April 2021 | Wills, probate and administration

Private client practitioners would do well to learn from a recent case in which a negligently drafted tax planning scheme resulted in litigation. In 2003, the since deceased individual (D) entered into an estate protection scheme with the effect that she could pass on her London home to her son and his wife on her …

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Procedure – defence work

April 2021 | Crime

A series of Law Society practice notes geared to all criminal law practitioners has been published in recent weeks. Defence costs orders – This note gives guidance around advising non-legally aided clients on the defendants’ costs orders regime, in light of schedule 7 LASPO. Solicitors should advise private paying aided criminal clients on the practical …

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Restrictions – keep them up to date

April 2021 | Conveyancing

Complying with a restriction is an essential part of many conveyancing transactions; being unable to do so could thwart a registration. HMLR has updated PG 19 (notices and restrictions) slightly and it is a timely reminder that the wording of a restriction should be changed to allow it to continue to work as intended when …

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Sentencing – proportionality

April 2021 | Crime

The Solicitor General succeeded in having an unduly lenient sentence increased in the case of a defendant convicted of six offences including drugs offences (conspiracy), sending malicious communications, blackmail and violence. He was originally sentenced to a total of five years in prison. D, who is 37, was not known to mental health services, but …

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HMLR local land charges – data transfer

April 2021 | Conveyancing

HMLR has provided an update on the progress of the above initiative. Practitioners will recall that HMLR is working in partnership with local authorities in England to standardise and migrate local land charges register information to one accessible place. Anyone can access the new Local Land Charges service through HMLR’s search for local land charges …

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Ethics – personal responsibility

April 2021 | Conduct, practice and risk management

We reported in our November 2019 edition (p3) on the SRA’s distinction in the 2019 Principles between ‘honesty’ and ‘integrity‘. Some recent results of disciplinary actions against lawyers and a comment by the CLC mean it is probably a good time for regulated lawyers to remember the personal responsibility that they take on when they …

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