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Planning – consultation

September 2020 | Conveyancing

The government has announced its intention to overhaul the planning system, which has caused uproar and elation in almost equal measure. The proposals have gone out to consultation but note that there are two: ‘Changes to the current planning system’ sets out proposals for measures to improve the effectiveness of the current planning system. The …

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SDLT – threshold reduced until March 2021

September 2020 | Conveyancing

It cannot have escaped the notice of conveyancing practitioners that the Chancellor has announced an SDLT ‘holiday’ since our last edition was published. Reduced rates of SDLT will apply for residential properties purchased from 8 July 2020 until 31 March 2021 inclusive. HMRC states: Residential rates on purchases from 8 July 2020 to 31 March …

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Furlough wages – status when company in administration

September 2020 | Commercial

The CA recently had to consider the inter-relationship between the Government’s Coronavirus Job Retention Scheme (CJRS) and the ‘adoption’ of some 13,000 contracts of employment by administrators under the Insolvency Act 1986 in relation to beleaguered retailer Debenhams. Specifically, the issue was whether by paying only the amounts which may be claimed under the CJRS …

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Procedure – deputies

September 2020 | Wills, probate and administration

In this helpful costs article, the author reminds deputies and their advisers as to when general management costs can be applied for, together with the relevant timeframes for submitting bills to the CoP. She emphasises that the process from the first step – seeking P’s authority to act as deputy – to receiving the order …

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HMLR – house price data

September 2020 | Conveyancing

We do not usually include house price data in The Practical Lawyer – but as the property market is so volatile, practitioners might find it a more useful and reliable barometer for what is happening in the conveyancing market than many of the headlines currently being reported. The data released in August 2020 is notable …

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HMLR – accepts electronic signatures

September 2020 | Conveyancing

The big news for conveyancers since our last edition must be the fact that in July 2020, HMLR announced its intention to accept electronic signatures. Transfers of property, leases, mortgages and other property dealings can now be signed electronically. From 27 July 2020, HMLR will accept ‘witnessed electronic signatures’: electronic signatures that enable an individual …

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OS2 – update

September 2020 | Conveyancing

HMLR has made a small but significant update to PG 12 (Official searches) which is worthy of note. Practitioners will be all too aware of the need to ensure that the OS2 is not rejected – particularly if submission of the OS2 is left until near to the completion date. PG 12 has been updated …

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SRA – using client account as a banking facility

September 2020 | Conduct, practice and risk management

We reported in our June 2020 edition (p26) on the sad case of the experienced solicitor who was struck off for allowing client account to be used as a banking facility. That seems to be a useful prompt to review this rule and to give an update on the SRA’s view on firms which act …

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Reflective loss – scope confirmed

September 2020 | Commercial

This is an important SC decision for commercial practitioners to consider. In a nutshell, the ‘no reflective loss’ rule stops shareholders of a company from bringing a claim for personal losses arising out of a breach of duty or contract owed to the company and can be summarised from the decision in Prudential v Newman …

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HMLR Rule 17 evidence – reminder

September 2020 | Conveyancing

Rule 17 of LRR 2003 states that: Additional evidence and enquiries If the registrar at any time considers that the production of any further documents or evidence of the giving of any notice is necessary or desirable, he may refuse to complete or proceed with an application, or to do or make any entry, until …

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