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LPA – past capacity

July/August 2022 | Wills, probate and administration

It’s not often the court has to determine common issues which are not complex but on which there is a lack of judicial authority. The CoP recently had to decide whether the donor (D) of an LPA had capacity when he executed a property and financial affairs LPA in 2009, appointing his two brothers and …

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RICS guidance – Japanese knotweed

July/August 2022 | Conveyancing

Conveyancers should note that RICS has issued new guidance on Japanese knotweed, which is effective from 23 March 2022. Its primary objective is to assist RICS members who encounter Japanese knotweed while undertaking valuations or surveys of residential property in the UK. It is intended to help residential practitioners make a preliminary assessment and to …

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LeO – complaints good practice

July/August 2022 | Conduct, practice and risk management

We reported in our April 2022 edition (p32) on the release by LeO of its 2020/21 complaints data. The guidance on various issues should be compulsory reading for all CoLPs and heads of department. LeO has set out guidance on how service providers can make improvements and resolve complaints in several areas: responding to challenging …

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Offences – domestic violence; strangulation

July/August 2022 | Crime

Violent domestic abusers could be charged with new offences of non-fatal strangulation and non-fatal suffocation, now that ss70 and 71 Domestic Abuse Act 2021 is in force. A person commits an offence of non-fatal strangulation if they intentionally strangle another person; and non-fatal suffocation where a person does something that affects another’s ability to breathe, …

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Sentencing – unfair trading

July/August 2022 | Crime

This was an unusual case as it involved the uncommon nature of the offence of engaging in an unfair commercial practice, contrary to Regulation 8(1) of the Consumer Protection from Unfair Trading Regulations 2008. Traders are expected to exercise a standard of special skill and care that is either honest market practice in their field …

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Help to Buy – deadline

July/August 2022 | Conveyancing

First-time buyers can obtain a Help to Buy equity loan towards the cost of buying a new-build home. To be eligible, the applicant(s) must be: 18 or over; a first-time buyer; and able to afford the fees and interest payments. An applicant does not qualify if they have ever: owned a home or residential land …

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Unfair dismissal – disability discrimination

July/August 2022 | Employment

Most employers understand that they have a duty to make reasonable adjustments for those employees who are disabled within the meaning of the Equality Act 2010. However, what is reasonable is often difficult territory to navigate. In a recent case, the EAT considered whether an extension of time to appeal against a dismissal was a …

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Covid – reduction in the workplace

July/August 2022 | Employment

On 1 April 2022 the government issued guidance on principles for workplace management to reduce the spread of respiratory infections (which replaces ‘Working safely during coronavirus (Covid-19)’). The guidance is aimed at employers, workforce managers (both paid staff and volunteers) and people who manage a workplace or organisation. The information is intended to help people …

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HMLR – restrictions

July/August 2022 | Conveyancing

HMLR has clarified section 3.1.5.3 of PG 19 (Notices and restrictions). It seems like a minor point to report, but if the wording for a certificate or consent is incorrect, or not properly signed, this can lead to the relevant registration being rejected. In an attempt to reduce the number of requisitions, HMLR has clarified …

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Procedure – Criminal Practice Directions

July/August 2022 | Crime

Practitioners should note the new Amendment No 13 to the Criminal Practice Directions 2015, which revises the formalities of how judges and magistrates are to be addressed. It also amends directions in relation to referral of crown court cases to the resident judge and presiding judges; and allocation of business within the crown court. Source: …

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