Issue: June 2024

HMLR – PG76

June 2024 | Conveyancing

HMLR’s PG76 (charging orders) gives advice on the points to take into account when considering making an application for entry of an agreed or unilateral notice or a Form K restriction in respect of a charging order made under the Charging Orders Act 1979. It also covers how an application to the court (including an …

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Practice – court fee increases

June 2024 | Family

A reminder that court fees were increased as of 1 May 2024, by around 10%. The new fees include: filing an application for a divorce, nullity or civil partnership dissolution – £593; amendment of application for matrimonial/civil partnership order – £95; answer to an application for a matrimonial or civil partnership order – £245; application …

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TA6 – continued controversy

June 2024 | Conveyancing

We reported in our April 2024 edition (p7) on the Law Society’s update of the Property Information Form to take account of the ‘Material Information’ guidance that Trading Standards issued to estate agents in November 2023. The legal press and social media continues to be awash with comments on the updated form and the risks …

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Care orders – contact

June 2024 | Family

The judge’s ruling was ‘fundamentally flawed’ in relation to what it included and what was not included. In the course of public law proceedings under Part IV CA 1989, the LA was required to arrange direct in-person contact three times a week between the child (T) and M, despite both the LA and the children’s …

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Drugs – classification

June 2024 | Crime

The war on drugs-related crime continues with six new synthetic opioids being classified as Class A – adding to the 15 synthetic opioids already made subject to the strictest level of controls earlier this year. The six new drugs include acyl piperazine opioids and derivatives, including 2-methyl-AP-237; and (importantly) any new nitazenes detected in the …

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Proceeds of crime – crypto assets

June 2024 | Crime

Criminals are increasingly bold in their use of crypto assets for money laundering and related crime. New rules have been introduced, giving powers to the police and NCA to seize a suspect’s crypto assets without any arrest having been made. Related items, such as flash drives, memory sticks and written passwords, can also be seized. …

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Fact-finding – experts

June 2024 | Family

The parents of a baby girl (A) challenged (separately) a fact-finding made in care proceedings that one or the other of them had inflicted an abusive head injury on her. There were several grounds of appeal, focused mainly on the expert evidence. The judge found that the trial judge’s final ruling contained a number of …

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Sentencing – driving disqualification

June 2024 | Crime

D was disqualified from driving for two years but, around 18 months later, breached that disqualification by driving a rented Audi Q7 car. He pleaded guilty to driving while disqualified (and to two further offences of possessing an offensive weapon and affray). The judge sentenced him to four months’ imprisonment for the driving offence and …

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Knotweed – SC decision

June 2024 | Land

The presence of Japanese knotweed on property and the damage that it can cause is rarely out of the news headlines, so all property lawyers should consider a judgment on liability recently handed down by the SC. The press summary is as follows: ‘Background to the Appeal This appeal concerns the tort of private nuisance …

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