Issue: June 2025

Law Society – climate change

June 2025 | Conveyancing

On 12 May 2025, the Law Society issued its much-awaited practice note, ‘Climate change and property’, which is a must-read for all property solicitors. This practice notes builds on its April 2023 climate change guidance. The practice note contains a helpful checklist summarising what solicitors should consider doing about climate risk in property transactions. It …

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Care proceedings – intermediaries

June 2025 | Family

The CA has detailed the principles for the appointment of an intermediary. Intermediaries may be appointed for a vulnerable person under Part 3A FPR 2010 and PD3AA. The test is that appointment is necessary to achieve a fair hearing. Whether a person is vulnerable requires a broad evaluative assessment taking account of the characteristics of …

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HMLR – PG74

June 2025 | Conveyancing

HMLR has updated PG74 (searches of the index of proprietors’ names). This is an important search which enables the applicant to establish whether there are any registered titles against the name/s. It can be useful for PRs, for example, but cannot be used as a mere ‘fishing exercise’. Section 2 has been updated to remove …

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Unless Orders – LSPO

June 2025 | Family

H was not permitted to appeal a financial order until he complied with an LSPO order, the CA has ruled. The decision came against the backdrop of what a judge in the lower court called ‘a blizzard’ of destructive litigation in a very high-value divorce case. The court has power to make an LSPO under …

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HMLR – forms

June 2025 | Conveyancing

Note that many HMLR forms have been amended a result of a change to the postcode for HMLR’s PO Box address. Most applications will be made via the portal these days, but do not be caught out if it is necessary to use a form. Source the latest version from the HMLR website. Source: www.gov.uk.

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Section 84 – covenant modification

June 2025 | Land

The CA has heard an interesting case in relation to the modification of covenants under s84 LPA 1925. The CA summarised the issues thus: ‘1. The central issue in this appeal is whether restrictive covenants in a lease provide the lessor, which is also the planning authority, with practical benefits of substantial value or advantage …

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HMLR – PG21

June 2025 | Conveyancing

HMLR has updated PG21 (using our forms for complex and more unusual transactions). Section 14.1 has been amended to reflect current HM Revenue & Customs practice on submitting online SDLT returns for multiple properties. Section 14.1 now reads: ‘14.1 Stamp Duty Land Tax In most cases where there are multiple properties, the Land Transaction Return …

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SC – public rights of access

June 2025 | Land

The SC has heard an important case regarding public rights of access. The press summary is as follows: ‘Background to the Appeal This appeal concerns the extent of the public’s right of access to Dartmoor under section 10(1) of the Dartmoor Commons Act 1985 (“the 1985 Act”). The question the court has to decide is …

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LIPs – unmeritorious appeal

June 2025 | Crime

The rise in LIPs in criminal cases has increased steadily in recent years. This means the number of unmeritorious appeal applications are increasing in the absence of expert legal advice. In this case, Bryan J used the court’s legal powers to discourage such applications where D sought to appeal to the CA, out of time, …

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Service – by email

June 2025 | Procedure

The HC has heard an interesting case regarding the appropriate method of service for an injunction. The case involved an application for an injunction by the luxury brand, Chanel Ltd, against a former employee. The HC summarised the facts as follows: ‘4. …Her employment ended following a First Settlement Agreement dated 29 March 2022, which …

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