This is an interesting appeal ruling on the extent of the CoP’s discretion to revoke a deputyship order. Permission to appeal was granted on the basis that issues raised have not been expressly considered before. CL had been a deputy for personal welfare (and was also P’s mother). The order was discharged in its entirely …
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HMLR has made a small but significant amendment to PG8 (execution of deeds). Section 1.3 has been amended to clarify that HMLR will not accept separate execution pages which have been added to a deed, or execution pages taken from separate documents reassembled to form a single deed and now reads: ‘1.3 Deeds and HM …
There is another twist to the Law Society’s ill-fated attempt to update the Property Information Form (TA6) to fall in line with the Material Information guidance which Trading Standards told estate agents they must comply with from November 2023. We reported in our June 2024 edition (p9) that the fifth edition of TA6 would be …
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Delay has become a serious problem in the criminal justice system, with lengthy periods often passing before an offender is charged – and further delays before a trial date is set. In this case, there was a delay between D being interviewed in 2017 and being charged in 2023. The CA concluded that the sentencing …
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The EAT has heard an appeal against striking out a claim after the claimant destroyed evidence. The case summary is as follows: ‘Practice and procedure – striking out – rule 37(1)(b) Employment Tribunal Rules 2013 The claimant had succeeded (in part) on her claims of sexual harassment, discrimination and victimisation. A hearing on remedy was …
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HMLR has updated section 3.7.5 of PG19 (notices and restrictions) to confirm a point that most firms should already be aware of. Section 3.7.5 has been updated to explain that a sole or surviving proprietor will need to appoint one or more new trustees to join in the disposition, in order for a Form A …
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The courts continue their drive to encourage more parties down the mediation path and avoid litigation if possible. Amendments to the FPR came into force on 29 April to strengthen attendance at MIAMs (attendance is required under s10(1) Children and Families Act 2014). Law Society guidance on the changes has now been released. The changes …
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A 16-year-old (Q) was born female but identifies as male. The (divorced) parents disagreed as to whether Q should access private treatment for gender dysphoria. M did not want Q having any gender-related medical treatment under the age of 18 but agreed to Q joining the NHS waiting list. She had applied for a prohibited …
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The theme continues. PG24 (private trusts of land) has been updated. Section 5.1.1 has been updated to explain that when land is held on trust and a sole (surviving) proprietor remains, a personal representative of a deceased proprietor has no power to deal with the legal estate or act with the surviving proprietor unless formally …
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There was no arguable ground to adduce fresh expert evidence under s23(3) CAA 1968 allowing an appeal against conviction. D was sentenced to a total of 42 months’ imprisonment on conviction of two counts of causing GBH under s18 OAPA 1861. He appealed and sought to introduce fresh expert psychological evidence. Before being sentenced, the …
Continue reading “Fresh evidence – safety of conviction”