Continuing the theme of updating practice guides to tell conveyancers what they arguably should already know, HMLR has updated section 4 of PG6 (devolution on the death of a registered proprietor) to clarify the guidance in the third paragraph in section 4 concerning the death of a joint proprietor where the legal estate vests in …
In the notable case of Stack v Dowden [2007]), Baroness Hale said an express declaration of trust is conclusive unless varied by subsequent agreement or affected by proprietary estoppel. However, she did not expressly state that such subsequent agreement must comply with formal legal requirements. So, must a ‘subsequent agreement’ comply with the requirements of …
Continue reading “Financial remedies – matrimonial property”
Form DJP is very useful as it is used to remove the name of a deceased joint proprietor from a register of title and removes the need to submit an entire AP1. This form has been updated to make it clear in the explanatory information that the form is only to be used where there …
Continue reading “HMLR – form DJP”
W sought to rely on H’s conduct during the marriage to ‘seek validation and justification of her own sense of ill-treatment’ – but that was not the court’s function. So said the family court judge in a case where W specifically raised conduct in the course of FR proceedings. The court can take serious conduct …
Continue reading “Financial remedies – abusive marriage”
In our September 2024 edition (p3) we reported on HMLR’s change of policy regarding first registration applications. PG1 (first registrations) has been updated to reflect this practice (4.4.4.1 provides that acceptance of certified copy deeds has now been withdrawn but does still apply to applications lodged prior to 1 October 2024 at HMLR and that …
Continue reading “HMLR – first registration”
The trial judge had no power to strike out or otherwise summarily determine H’s application to set aside a consent order on grounds of W’s non-disclosure. She had come into a significant amount of money following the FDR but had not disclosed it. At issue was whether the court did have power to strike out …
Continue reading “Financial remedies – consent orders”
The sentencing judge erred in excluding evidence of good character – but it had no impact on the appeal outcome. A was sentenced to two years eight months’ imprisonment following conviction of violent disorder. He appealed on several grounds. The prosecution followed a violent altercation between extended family members within two families during the National …
Continue reading “Evidence – good character”
The office of the Official Solicitor and Public Trustee has published a new referral form to be used where the OS is proposed as Litigation Friend for family proceedings. It is not relevant to Children Act public law cases. The form is for solicitors to provide additional information about a child or protected party where …
Continue reading “Procedure – litigation friends”
How should a sentencing judge account for days spent on qualifying curfew? A was convicted of a drugs offence and failure to surrender to custody. He was sentenced to 50 months and four weeks in prison respectively (less 118 days spent in custody on remand). The offences were committed while he was subject to electronic …
Continue reading “Sentencing – days spent on curfew”
Family and children practitioners should note that HMRC recently issued revised forms for a child’s change of name by Deed Poll. The relevant forms are LOC022, LOC023, LOC024 and LOC026. The forms have seen several updates this year – the latest bring consistency with guidance for adults, and updated Welsh guidance. Source: www.gov.uk.