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HMLR – PG 19 update

September 2021 | Conveyancing

HMLR PG 19 (notices, restrictions and the protection of third-party interests in the register) is one of the most useful PGs for conveyancers. It gives advice about how to apply for a notice or a restriction to protect a third-party interest in a registered estate or charge. It explains the effect of existing register entries …

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Sentencing – time served

September 2021 | Crime

When might time served be taken into account when imposing a custodial sentence? D argued that the total sentence imposed for a number of offences of indecency and indecent assault was manifestly excessive and wrong in principle for a number of reasons. His appeal succeeded in respect of one of those grounds (relating to assault …

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HMLR – new form RXC

September 2021 | Conveyancing

We reported in our March 2020 edition (p9) on the change that HMLR introduced from 1 April 2020 to the wording of consent restrictions. It was intended that from that date consent must be given to the registration of the disposition, not just to the disposition itself. We reported as soon as April 2020 (p8) …

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HMLR – PG 8 update

September 2021 | Conveyancing

HMLR PG 8 must be one of the most amended PGs of the last year as this relates to the execution of deeds. We reported in our March 2021 edition (p5) on electronic signatures of deeds following HMLR’s confirmation during 2020 that they would accept for registration deeds signed using Mercury signatures and witnessed electronic …

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Procedure – guidance; Official Solicitor

September 2021 | Wills, probate and administration

The Official Solicitor is involved, when appointed by the court, in cases where there are children or adults who lack capacity to represent themselves. Practitioners will welcome two new pieces of guidance on the appointment of the OS in CoP cases – a practice note on welfare and one on property and affairs. The guidance …

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Sentencing – discount for age

September 2021 | Crime

A pleaded guilty to five counts of robbery and related offences and appealed his sentence. He was 15 at the time the offences were committed and also when he was sentenced. It was also the first time he had come before the criminal court. Significantly, A’s overall term had been increased to reflect the number …

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HMLR – personal insolvency

September 2021 | Conveyancing

HMLR’s PG 34 (personal insolvency) explains which entries can be made in the register of a title where the proprietor, or one of the proprietors, is a person subject to bankruptcy proceedings. It also explains how insolvency affects powers of disposition. It is aimed at conveyancers and trustees in bankruptcy. The entire PG should be …

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Sentencing – murder

September 2021 | Crime

A was convicted of manslaughter, murder and other offences and was sentenced to life for the murder charge, with a minimum term of 28 years. At issue on appeal was whether the sentencing judge gave sufficient weight to the fact that A was just 18 years and 9 months when he committed murder. But for …

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HMLR requisitions – email

September 2021 | Conveyancing

A small but significant change from a risk management point of view has been made to HMLR PG 50 (requisition and cancellation procedures). When HMLR stopped sending its requisitions on registration applications to law firms by post, this presented a risk management issue for conveyancers. This is because HMLR would send the requisition to the …

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Lease extensions – timing

September 2021 | Conveyancing

We do not often comment on proposed legislation but an excellent article points out a dilemma for existing leaseholders and their advisers which could impact on transactions happening now and in the coming months. Practitioners advising leaseholders on these transactions should carefully consider the advice being given to their clients now and whether their standard …

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