Issue: May 2025

Companies House – identity verification

May 2025 | Commercial

Companies House has issued guidance regarding the new identity verification process. Anyone setting up, running, owning or controlling a company in the UK will need to verify their identity to prove they are who they claim to be. Companies House states: ‘Why you need to verify your identity Identity verification is a new legal requirement. …

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International surrogacy – parental orders

May 2025 | Family

International surrogacy is increasingly popular. In recent editions we’ve covered two or three cases arising out of insufficient consideration being given to the legal implications of embarking on international surrogacy arrangements. Another decision has been handed down, in a case the judge called ‘troubling’ – illustrating once again the pitfalls that surrogacy clients can get …

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LSAG guidance – updated

May 2025 | Conduct, practice and risk management

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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Non-disclosure – cross-border

May 2025 | Family

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 …

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LSAG – third party contribution

May 2025 | Conveyancing

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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LIPs – right to lay advocate

May 2025 | Family

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 – PG40

May 2025 | Conveyancing

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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Procedure – AI in court

May 2025 | Family

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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HMLR – PG76

May 2025 | Conveyancing

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 …

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Procedure – interim orders; non-subject children

May 2025 | Family

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 …

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