Issue: September 2021

HMLR – PG 19 update

September 2021 | Conveyancing

HMLR PG 19 (notices, restrictions and the protection of third-party interests in the register) is one of the most useful PGs for conveyancers. It gives advice about how to apply for a notice or a restriction to protect a third-party interest in a registered estate or charge. It explains the effect of existing register entries …

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Procedure – PD updates

September 2021 | Family

A number of practice directions have been updated which practitioners should note. These include: PD 3AA (vulnerable persons): implementing changes to the special measures’ regime through the Domestic Abuse Act 2021. PD 5A (forms): inserting reference to the new contempt application form (FC600) which is now in force. PD 5B (communication and filing by email): …

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Procedure – guidance; Official Solicitor

September 2021 | Wills, probate and administration

The Official Solicitor is involved, when appointed by the court, in cases where there are children or adults who lack capacity to represent themselves. Practitioners will welcome two new pieces of guidance on the appointment of the OS in CoP cases – a practice note on welfare and one on property and affairs. The guidance …

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HMLR – PG 8 update

September 2021 | Conveyancing

HMLR PG 8 must be one of the most amended PGs of the last year as this relates to the execution of deeds. We reported in our March 2021 edition (p5) on electronic signatures of deeds following HMLR’s confirmation during 2020 that they would accept for registration deeds signed using Mercury signatures and witnessed electronic …

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Domestic Abuse Act – factsheets

September 2021 | Family

The Domestic Abuse Act is due to come into force in the coming months. Ahead of the commencement date(s) (yet to be clarified) government has issued a number of factsheets. These provide further information about specific provisions, including what and how government is tackling the issues. The latest factsheets cover: tackling perpetrators; amendment to the …

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HMLR requisitions – email

September 2021 | Conveyancing

A small but significant change from a risk management point of view has been made to HMLR PG 50 (requisition and cancellation procedures). When HMLR stopped sending its requisitions on registration applications to law firms by post, this presented a risk management issue for conveyancers. This is because HMLR would send the requisition to the …

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Adoption – revocation

September 2021 | Family

M failed to have adoption orders in respect of her three children revoked. The court ruled that a procedural irregularity in the making of the order was not such as to justify revocation. The two older children had been removed from their parents’ care and placed in foster care after the younger child was found …

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HMLR – new form RXC

September 2021 | Conveyancing

We reported in our March 2020 edition (p9) on the change that HMLR introduced from 1 April 2020 to the wording of consent restrictions. It was intended that from that date consent must be given to the registration of the disposition, not just to the disposition itself. We reported as soon as April 2020 (p8) …

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Marriage – jurisdiction

September 2021 | Family

W sought a declaration under ss51 and 55 FLA 1986 that she was currently married to H. Neither disputed that they were validly married in March 2017 in Accra, Ghana, in accordance with tribal custom. The issue was whether there was a valid divorce by similar tribal custom in Ghana, and if so whether the …

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Sentencing – murder

September 2021 | Crime

A was convicted of manslaughter, murder and other offences and was sentenced to life for the murder charge, with a minimum term of 28 years. At issue on appeal was whether the sentencing judge gave sufficient weight to the fact that A was just 18 years and 9 months when he committed murder. But for …

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