New this month...


Construction – powers or appointment

October 2021 | Wills, probate and administration

At issue in a recent case was the true construction of clause 7 of D’s will. The clause stated: ‘I LEAVE DEVISE BEQUEATH AND APPOINT the whole of my real estate and the rest residue and remainder of my personal estate wheresoever situate and of whatsoever kind of or to which I shall be seised …

This article is only available to subscribers.

Drainage search – new forms

October 2021 | Conveyancing

All property lawyers, whether residential or commercial, will be familiar with the CON29DW search which provides details about water and sewage services supplied to properties. The Law Society has announced that from 3 September 2021, there will be two searches available, one for residential properties and one for commercial properties. The latter now includes questions …

This article is only available to subscribers.

PR – registered proprietor

October 2021 | Conveyancing

If a sole registered proprietor (or a sole surviving proprietor) dies, the PRs may apply to be registered as proprietor(s) of the estate. To apply for this registration the applicant must submit form AP1 (plus fee) together with the grant of probate or letters of administration, or a court order appointing the applicant(s) as the …

This article is only available to subscribers.

Dismissal – reasons

October 2021 | Employment

ETs are still establishing the limits of the SC decision in Royal Mail Group Ltd v Jhuti [2019]. In that case, the SC makes it clear that, where whistleblowing claims are concerned, a decision made on manipulated facts will be attributable to the employer and not to the decision maker alone. In the latest decision, …

This article is only available to subscribers.

Asda – equal pay

October 2021 | Employment

The SC has upheld a claim by some 35,000 Asda employees (mostly women), which enables their equal pay claims to go to trial. The employees sought compensation on the basis that in the six years prior to proceedings they received less pay than a valid comparator for work of equal value to that done by …

This article is only available to subscribers.

Procedure – CPR

October 2021 | Crime

A new Law Society PN sets out the issues affecting criminal solicitors arising out of the CrimPR 2020. In particular, it defines the extent of the duties and burdens on criminal practice, and identifies and addresses ethical problems likely to arise as a result of those duties and burdens. Source: www.lawsociety.org.

This article is only available to subscribers.

Jurisdiction – summary return; parens patriae

October 2021 | Family

M succeeded appealing an order dismissing her applications under the inherent jurisdiction for the summary return of her three children in Libya. The real question was whether the court should make an order for their return under the parens patriae jurisdiction. This is the principle that the Crown has an obligation as parens patriae to …

This article is only available to subscribers.

Children – placement order

October 2021 | Family

Four siblings all under six had been removed from M and her partner because of domestic violence and unacceptable conditions at home. They were made the subject of care proceedings. A placement order was made in respect of the eldest (B) with a view to open adoption by the foster carers. M appealed the order. …

This article is only available to subscribers.

Offences – anti-terrorism

October 2021 | Crime

A new Law Society PN is applicable to any criminal practitioner representing individuals charged with or suspected of serious crime – particularly terrorism offences. It states at the outset that your client’s interests may conflict with the interests of the public as a whole. The PN concerns the ‘failure to disclose’ offences under the Terrorism …

This article is only available to subscribers.

Discrimination – burden of proof

October 2021 | Employment

A recent SC decision considered whether a change in the wording of equality legislation has altered the burden of proof in employment cases where discrimination is alleged. The SC confirmed that employees must still prove facts from which a tribunal could draw an inference of discrimination, despite a change of wording in the Equality Act …

This article is only available to subscribers.