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PR – registered proprietor

October 2021 | Conveyancing

If a sole registered proprietor (or a sole surviving proprietor) dies, the PRs may apply to be registered as proprietor(s) of the estate. To apply for this registration the applicant must submit form AP1 (plus fee) together with the grant of probate or letters of administration, or a court order appointing the applicant(s) as the …

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Hybrid working – Acas

October 2021 | Employment

Acas has introduced advice for employers on how to consider, discuss and introduce hybrid working, which is described as a type of flexible working where employees split their time between the workplace and working remotely. The advice considers various aspects for employers: considering hybrid working for the organisation – this includes guidance on consulting employees, …

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Modern slavery – sentencing guidelines

October 2021 | Crime

Criminal practitioners advising clients on modern slavery offences should note new sentencing guidelines which came into force on 1 October 2021. The guidelines apply to all individual adult offenders convicted of modern slavery offences under the Modern Slavery Act 2015 from that date. The guidelines allow for offenders who were victims, or were coerced or …

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Drainage search – new forms

October 2021 | Conveyancing

All property lawyers, whether residential or commercial, will be familiar with the CON29DW search which provides details about water and sewage services supplied to properties. The Law Society has announced that from 3 September 2021, there will be two searches available, one for residential properties and one for commercial properties. The latter now includes questions …

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Construction – powers or appointment

October 2021 | Wills, probate and administration

At issue in a recent case was the true construction of clause 7 of D’s will. The clause stated: ‘I LEAVE DEVISE BEQUEATH AND APPOINT the whole of my real estate and the rest residue and remainder of my personal estate wheresoever situate and of whatsoever kind of or to which I shall be seised …

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HMLR – extra time for requisitions

October 2021 | Conveyancing

HMLR will consider an application to extend time to deal with a requisition on production of evidence from the conveyancer as to the reason for the delay. HMLR’s PG 50 (requisition and cancellation procedures) provides that if the delay is caused by a third party who has either not responded or is not able to …

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Offences – anti-terrorism

October 2021 | Crime

A new Law Society PN is applicable to any criminal practitioner representing individuals charged with or suspected of serious crime – particularly terrorism offences. It states at the outset that your client’s interests may conflict with the interests of the public as a whole. The PN concerns the ‘failure to disclose’ offences under the Terrorism …

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Procedure – CPR

October 2021 | Crime

A new Law Society PN sets out the issues affecting criminal solicitors arising out of the CrimPR 2020. In particular, it defines the extent of the duties and burdens on criminal practice, and identifies and addresses ethical problems likely to arise as a result of those duties and burdens. Source: www.lawsociety.org.

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Undertakings – continued

October 2021 | Conduct, practice and risk management

We reported on an important SC case on undertakings in our September 2021 edition. One of the most important elements of the status of an undertaking is the court’s inherent supervisory jurisdiction, the centre point of which is the court’s power of summary enforcement. The court’s jurisdiction may be invoked on an application to the …

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