Issue: March 2021

HMLR – expedite service

March 2021 | Conveyancing

Conveyancers have experienced significant delays in relation to HMLR applications in recent months. HMLR itself reports that most updates to the register (eg changing a name or removing a mortgage) are taking ‘around’ four weeks. Applications involving a requisition are taking considerably longer to process, with most completed after seven weeks and the most complex …

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IR35 – analysis

March 2021 | Employment

We reported in our February 2021 edition (p14) on the introduction of IR35. As a follow-up, practitioners will be interested in an article which discusses the changes in more detail. The introduction of IR35 has been described as ‘the biggest shake-up of contracting in 20 years’. IR35 is the common name given to the legislation …

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Trial adjournment – last resort

March 2021 | Procedure

In a recent case the HC considered whether a clinical negligence trial should be adjourned on the basis of lack of availability of counsel. The claimant had suffered serious life-changing injuries in 2012. Liability and causation were admitted in 2019. The trial was simply to deal with the dispute as to quantum of damages. The …

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HMLR – electronic signatures of deeds

March 2021 | Conveyancing

We reported in our May 2020 (p9) and June 2020 (p5) editions on HMLR’s change of policy to accept deeds for registration that have been signed using the ‘Mercury signature’ process, and swiftly after in September 2020 (p5) that they would accept witnessed electronic signatures. There are specific processes/steps to follow to meet HMLR’s requirements …

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Reporting – gender pay gap

March 2021 | Employment

The gender pay gap is the difference between the average (mean or median) earnings of men and women across a workforce. Gender pay gap calculations are based on employer payroll data drawn from a specific date each year. This specific date is called the ‘snapshot date’. From 2017 an employer who has a headcount of …

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CPR – moved

March 2021 | Procedure

Litigation practitioners will no doubt be all too painfully aware of the move of the Civil Procedure Rules from the justice.gov.uk website into the gov.uk website. Civil, family and criminal law content was all moved, to the general criticism and dissatisfaction of those who have used it thus far. Commentators observe that navigating around the …

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HMLR – ID3 and ID4

March 2021 | Conveyancing

As a response to Covid-19, in 2020 HMLR introduced various changes to the forms and procedures relating to verification of identity, including new forms: ID3: certificate of identity for a private individual; and ID4: certificate of identity for a body corporate. These forms should be used if it is not possible for the applicant to …

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Coercive control – Scott schedules

March 2021 | Family

Family practitioners are keenly awaiting an imminent CA ruling in a landmark case involving four linked appeals relating to family proceedings where the welfare of children were concerned. Readers are likely to have read in the legal media that the CA heard submissions in relation to Scott schedules (tables setting out the allegations and the …

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Claimant died – take care

March 2021 | Professional

The Law Society Gazette reports on what appears to be a fairly run of the mill land law case relating to a passageway running between two properties and a dispute about it. Interestingly, this was not the central point of the appeal but rather that one of the three claimants had died 18 months before …

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HMLR – evidence of identity summary

March 2021 | Conveyancing

HMLR has produced a helpful table indicating when and for whom they will require confirmation of identity. Confirmation of identity requirements Application Person for whom confirmation of identity is required Transfer of land or transfer of a mortgage (whether or not for money), also includes transfers to appoint or remove a trustee and assents by …

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