New this month...


Disputes – control of deceased’s body

February 2021 | Wills, probate and administration

Practitioners involved in issues or family disputes relating to what is to happen to the deceased’s body will find useful a new publication from STEP. It deals with what is often a last-minute issue to be resolved, at a time of intense grief; and covers who has the legal right to possession of the body, …

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HMLR – determination of leases

February 2021 | Conveyancing

The Coronavirus Act 2020 (CVA 2020) suspends Ls’ powers of re-entry and forfeiture for non-payment of rent. Sub-sections 81 and 82 CVA 2020 relate to court orders for possession of residential and commercial premises due to non-payment of rent. Therefore, applications where the evidence shows that a right of re-entry or forfeiture for non-payment of …

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HMLR – requisition cancellations

February 2021 | Conveyancing

We reported in our May 2020 edition (p6) that HMLR had extended all current cancellation dates for requisitions until further notice. We reported in our November 2020 edition (p7) that they would resume the cancelling of applications with outstanding requests for information (requisitions) from 16 November 2020. HMLR said that letters will be sent to …

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Identification – social media

February 2021 | Crime

How should the courts approach identification evidence where social media was the identifying tool? At issue for the jury at the trial in this case was whether D had been correctly identified as the offending person. He had been identified through a Facebook photo after a third party had provided the complainant with a name …

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Procedure – Sentencing Code

February 2021 | Crime

As of 1 December 2020, the Sentencing Code is in force by virtue of the enactment of the Sentencing Act 2020. This code brings together, with the exception of many road traffic disposals, the bulk of sentencing provisions for England and Wales. This will no doubt be a welcome relief for practitioners and sentencers alike. …

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HMLR – LL restrictions

February 2021 | Conveyancing

Conveyancers acting for sellers and buyers must be wary of Form LL restrictions. This is the anti-fraud restriction which is often placed on the proprietorship register of a title which is perceived to be at greater risk of fraud, such as a vacant property or one where the registered proprietor does not live there (eg …

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Offences – dishonesty

February 2021 | Crime

The author provides a useful review of the test of dishonesty as clarified in a recent appeal ruling against the background of the seminal case of Ghosh. Two key points on dishonesty are worth particularly highlighting. First, the court said that in Ivey, the Supreme Court had altered the established common law approach to precedent …

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IR35 – into force

February 2021 | Employment

If there is one thing the last 12 months have taught us it is that the government can defer the introduction of policy change at very short notice. We reported in our March 2020 (p17) edition on the introduction of IR35 and promptly reported in May 2020 (p12) on the deferral of the introduction to …

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HMLR – service update

February 2021 | Conveyancing

HMLR’s phone service is open Monday to Friday (excluding bank holidays) from 8am-5pm. They are still not accepting face-to-face appointments. Most updates to the register (eg changing a name or removing a mortgage) are taking three weeks. Applications involving a requisition are taking considerably longer to process, with most completed after six weeks. Somewhat startlingly …

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Leasehold reform – in sight?

February 2021 | Conveyancing

As a rule, we do not usually include articles on matters which are consultations, proposals or government announcements, on the basis that they may never make it onto the statute book. However, the ongoing impact on the conveyancing market of short leases and ground rents which might bring a long lease within the termination provisions …

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