Issue: April 2024

SRA – AML sectoral risk assessment

April 2024 | Conduct, practice and risk management

The SRA has updated its AML and terrorist financing sectoral risk assessment. The UK government periodically undertakes a national risk assessment pulling together risk-based information from all sectors in scope of the AML requirements, law enforcement and other sources. The SRA reminds firms that all firms that are within scope of the Regulations must comply …

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Redundancy and maternity – increased protection

April 2024 | Employment

Employers must get to grips with new rules that came into force on 6 April 2024. Under the existing rules, employers who are on maternity, adoption or shared parental leave and are selected for redundancy are entitled to be offered a suitable alternative vacancy, if available. This gives them priority protection against dismissal. Important changes …

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Practice – deprivation of liberty

April 2024 | Wills, probate and administration

The Law Society has published a raft of updated guidance and reference guides on deprivation of liberty, which lawyers and other professionals in health and social care will find invaluable. The key guide is Understanding when someone is deprived of their liberty – it reflects developments since original LS guidance was published in 2015. Those …

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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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