Issue: April 2024

Building regulations – enforcement

April 2024 | Conveyancing

Conveyancers have long been used to the enforcement period of one year for lack of building regulations. In essence, if building work contravenes the building regulations, the building control authority cannot take enforcement proceedings if more than a year has elapsed since the work was completed. In such circumstances, the conveyancer acting for the buyer …

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Menopause – guidance

April 2024 | Employment

The Equality and Human Rights Commission has produced some helpful guidance and resources for employers to assist with managing menopause in the workplace. They state that: ‘… under the Equality Act 2010, workers are protected from discrimination, harassment and victimisation on the basis of protected characteristics including disability, age and sex. If menopause symptoms have …

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IHT avoidance – protective costs orders

April 2024 | Wills, probate and administration

Was it fair and just to make a protective costs order (PCO) in the absence of any issues of general public importance? The UT found nothing unfair in the appellants in a recent case being exposed to liability for the costs of appealing an FTT decision that an IHT avoidance scheme was ineffective. The executors …

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BSA – FAQs

April 2024 | Conveyancing

The Building Safety Act 2022 continues to be complex and cause issues in practice. Conveyancers might like to note that RICS has published some FAQs on the Act. While they are of course skewed to surveyors, there is a lot in them that conveyancers will find helpful. See www.rics.org/news-insights/building-safety-act-faqs.

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EAT – deposit order

April 2024 | Employment

The EAT has heard a case, the history of which it described as ‘very unusual’. The case involved claims of unfair dismissal based on a constructive dismissal claim and of discrimination arising out of the part-time worker status of the claimant. The claimant and respondent went through a fully contested hearing. However, that contested hearing …

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Statutory wills – variation; notification to beneficiaries

April 2024 | Wills, probate and administration

Charities who were not identified in a statutory will and were to benefit from a residuary gift must be notified when the will is changed, the CoP has ruled. In 2008, a statutory will was made for P, who was mentally incapacitated. P’s deputy was his brother who applied in 2022 to amend the will. …

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HMLR – PG8

April 2024 | Conveyancing

HMLR has updated PG8 (execution of deeds). Section 10.5 has been amended to remove out-of-date practice. Following a review, HMLR will no longer raise a requisition when ‘signed as a deed’ is used in the execution of a prescribed deed by a corporate body. In addition, section 5.2 has been amended to remove reference to …

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Mediation – costs; court expectations

April 2024 | Family

The court expects those involved in family proceedings, whether the case concerns money or children, to make a ‘serious effort’ to resolve their differences before proceedings are issued. In a case involving assets valued at up to £29m, Knowles J also made clear in her ruling that this expectation continues ‘at any stage of the …

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Wills – capacity

April 2024 | Wills, probate and administration

T’s will limiting pecuniary legacies to his five granddaughters to a nominal sum was ‘entirely rational’, the HC ruled. T made the will in 2018 leaving the bulk of his £500,000 estate to his two surviving children, with £50 legacies to the claimants (they were the children of his deceased son). A previous will, made …

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PIF (TA6) – updated

April 2024 | Conveyancing

The Law Society has created a stir by issuing an updated Property Information Form (5th ed) which includes the information the National Trading Standards Estate and Letting Agency Team says should be disclosed on property listings in its material information in property listings (sales) guidance. There are a lot of changes to the form and …

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