Issue: June 2025

Children – contact; domestic abuse allegations

June 2025 | Family

M appealed an order for overnight staying contact with F, which had been made despite a fact-finding hearing being listed in respect of alleged domestic abuse. In earlier FLA proceedings, the judge had made specific and serious findings against F – including sexual assaults, and using excessive force to restrain M. And though the judge …

This article is only available to subscribers.

BSA – remediation costs

June 2025 | Commercial

The SC has heard an important judgment regarding the Building Safety Act 2022 (BSA). The press summary is as follows: ‘Background to the Appeal On 14 June 2017, Grenfell Tower in London was engulfed in flames and 72 residents lost their lives. The main reason for the tragedy was the use of unsafe cladding on …

This article is only available to subscribers.

Surrogacy – older parents

June 2025 | Family

Surrogacy is increasingly common and enables individuals of all ages to become parents, but it comes with many legal risks. This case comes against a particularly sad background: the couple, Mr and Mrs K, were both 72 years old and had, years previously, endured several miscarriages before having a son in 1993 after several rounds …

This article is only available to subscribers.

LeO – complaints about delays

June 2025 | Conduct, practice and risk management

Practitioners may be somewhat surprised to note LeO’s latest ‘insight’ regarding complaints about third-party delays. LeO states: ‘Almost half of complaints made to the Legal Ombudsman each year are about communication and delay. And one of the most common features in complaints about delay is whether a service provider is responsible for, or could have …

This article is only available to subscribers.

Adoption – placement order

June 2025 | Family

In the course of care proceedings, the LA applied for full care orders and placement for adoption orders in respect of a two-year-old girl (P). P had been living with her maternal grandmother since birth. In October 2024, the judge dismissed the LA’s application for a placement order and the LA appealed, arguing that the …

This article is only available to subscribers.

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 …

This article is only available to subscribers.

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 …

This article is only available to subscribers.

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 …

This article is only available to subscribers.

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 …

This article is only available to subscribers.

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.

This article is only available to subscribers.