The latest version of the LSAG guidance has been issued, published on 23 April 2025. It is required reading for all MLROs, firm leaders and anyone involved with AML issues or responsibilities. There is a useful schedule of 2025 amendments and updates starting on page 221 of the LSAG guidance. Notable changes include: ‘Para 4.7 …
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The judge was not prepared to say a foreign judgment should not be recognised on grounds it was fraudulently obtained. ‘There are too many imponderables at play, notwithstanding my suspicions,’ the Recorder stated. This case involved hidden assets and complications arising out of foreign litigation. The parties married in 1999 and have three children. They …
Continue reading “Non-disclosure – cross-border”
We have referred to the updated LSAG guidance, but an amendment to para 6.17.2.1 (source of funds) is of particular relevance to conveyancing practitioners and adds: ‘In circumstances where it becomes known that a third party is to contribute to funds for a transaction, you should consider also seeking to understand and obtain evidence relating …
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F was not entitled in the circumstances to a lay advocate under the Art 6 right to a fair trial. To argue otherwise, Lieven J stated, ‘… suggested such a fundamental misunderstanding of Article 6 that I decided it would be useful to give a judgment on the extent to which Article 6 entitles parties …
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HMLR has been swift to update section 2.1 of PG40 (HMLR plans, supplement 4, boundary agreements and determined boundaries) following a recent CA case (reported in ‘land’ below). Section 2.1 now reads: ‘2.1 How boundary agreements work There is a rebuttable presumption that a boundary agreement does not involve the transfer of any land, and …
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Practitioners will be interested to know that judicial guidance on the use of AI in court proceedings has been updated. It makes clear that it is for judges to advise litigants that they are responsible for AI-generated information presented in court, just as they are for any other types of evidence. The Courts and Tribunal …
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Protecting a charging order is important and therefore any application to HMLR must be made promptly and correctly. An interim or final charging order that charges the legal estate may be protected by the entry of a notice in the register. A charging order that charges a beneficial interest under a trust of land cannot …
Continue reading “HMLR – PG76”
This is an important but unusual case raising a novel point of legislative interpretation which appears not to have previously arisen, but with potentially significant consequence for families. Under ss37(1) CA 1989: ‘Where, in any family proceedings in which a question arises with respect to the welfare of any child, it appears to the court …
Continue reading “Procedure – interim orders; non-subject children”
PG19 (Notices, restrictions and protection of third-party interests) is a very important practice guide for property practitioners. The anti-fraud restriction (Form LL) is also important. HMLR has updated sections 3.1.5.8 and 3.7.2 of PG19 to clarify HMLR’s requirements for compliance with, or removal of, a Form LL or company counter-fraud restriction by an insolvency practitioner, …
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M successfully appealed a decision dismissing her application for the return of the parties’ younger daughter G (14) from the US. G and F travelled to the US in August 2024 as permitted by a consent order which allowed F to permanently relocate to the US with both the parties’ daughters. In the event, the …
Continue reading “Return Orders – habitual residence”