Issue: June 2022

HMLR – view colleagues’ applications on the Portal

June 2022 | Conveyancing

HMLR has made a seemingly small but significant change to the Portal. The ‘view my applications’ service was introduced in August 2020 which allows Portal users to manage all applications, correspondence, notices, requisitions and letters in one central place. However, a continuing risk for conveyancing firms is the fact that if the particular Portal user …

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Disclosure – privilege

June 2022 | Family

F did not have the right to blanket protection against self-incrimination in private family proceedings in relation to his two children. F failed in his appeal against the Family Court’s refusal to order that statements or admissions made by him in proceedings, in reference to findings made by the court, would not be disclosed to …

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Contempt – video recordings

June 2022 | Family

D had uploaded video recordings of family and children proceedings to YouTube and the AG sought a committal order for contempt under Part 19 FPR 2010. The family court found that D had intended by his actions to interfere with the administration of justice and allowed the application. At issue was whether or not the …

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Sentencing – burglary

June 2022 | Crime

Practitioners need to know that new, more flexible sentencing guidelines will come into force on 1 July 2022, covering both domestic and commercial burglary offences, and aggravated burglary. There will be a stepped approach to sentencing in line with more recent sentencing guidelines. They also introduce middle categories in respect of harm and culpability to …

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Procedure – fees exemption

June 2022 | Family

The Civil and Family Proceedings Fees (Amendment) Order 2022 has come into force simultaneously with s65 (Prohibition of cross-examination in person in family proceedings) and s66 (Prohibition of cross-examination in person in civil proceedings) Domestic Abuse Act. The order amends the Civil Proceedings Fees Order 2008 and the Family Proceedings Fees Order 2008, giving a …

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Sentencing – child sex offences (no child)

June 2022 | Crime

Defence solicitors and those representing child sex abuse victims will be pleased to know that new revised sentencing guidelines provide clarity as to the sentencing of those convicted of certain child sex offences. The new guidelines came into effect on 31 May 2022 and apply to offences of arranging or facilitating sexual offences against a …

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Domestic abuse – private law children proceedings

June 2022 | Family

Practitioners will be interested to know that the President has issued the judiciary with guidance around fact-finding hearings and domestic abuse in private law children proceedings. It covers: matters to be considered at gatekeeping/at the FHDRA/FDA, including non-court DR and MIAMs; whether a fact-finding hearing is required; case management if a fact-finding hearing is required; …

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PPE – at work

June 2022 | Employment

On 6 April 2022 the Personal Protective Equipment at Work (Amendment) Regulations 2022 (PPER 2022) came into force. They amend the 1992 Regulations (PPER 1992). They extend employers’ and employees’ duties regarding personal protective equipment (PPE) to limb (b) workers. Under PPER 2022, the types of duties and responsibilities on employers and employees under PPER …

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CRCA – important timeframes

June 2022 | Landlord and tenant – commercial

We reported on the Commercial Rent (Coronavirus) Act 2022 (CRCA) in our March 2022 (p21) and May 2022 (p27) editions. An important article discusses the workings of the Act in more detail and reminds commercial property practitioners of the steps in the binding arbitration process. Ls are now permitted to take action against defaulting commercial …

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