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Care proceedings – intermediaries

June 2025 | Family

The CA has detailed the principles for the appointment of an intermediary. Intermediaries may be appointed for a vulnerable person under Part 3A FPR 2010 and PD3AA. The test is that appointment is necessary to achieve a fair hearing. Whether a person is vulnerable requires a broad evaluative assessment taking account of the characteristics of …

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Unless Orders – LSPO

June 2025 | Family

H was not permitted to appeal a financial order until he complied with an LSPO order, the CA has ruled. The decision came against the backdrop of what a judge in the lower court called ‘a blizzard’ of destructive litigation in a very high-value divorce case. The court has power to make an LSPO under …

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Section 84 – covenant modification

June 2025 | Land

The CA has heard an interesting case in relation to the modification of covenants under s84 LPA 1925. The CA summarised the issues thus: ‘1. The central issue in this appeal is whether restrictive covenants in a lease provide the lessor, which is also the planning authority, with practical benefits of substantial value or advantage …

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Service – by email

June 2025 | Procedure

The HC has heard an interesting case regarding the appropriate method of service for an injunction. The case involved an application for an injunction by the luxury brand, Chanel Ltd, against a former employee. The HC summarised the facts as follows: ‘4. …Her employment ended following a First Settlement Agreement dated 29 March 2022, which …

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Contract – WhatsApp

June 2025 | Professional

The Technology and Construction Court has handed down an important decision which could have far-reaching consequences. The hearing was concerned with a construction dispute; the claimant is a property developer and the defendant trades as a demolition contractor. The dispute arises out of demolition works at a site that the claimant was developing in Norwich. …

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Apprenticeship – funding

June 2025 | Professional

Law firms thinking of taking on apprentices should be aware of a change to the age eligibility criteria in the funding arrangements, recently announced by the government: ‘Changes to funding for level 7 apprenticeships The government is refocusing investment towards young people at the start of their working lives, rather than those already in work …

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LAA – data breach

June 2025 | Professional

The LAA’s online digital services were subject to a cyber attack on 23 April. Affected firms will be all too aware. The LAA states: ‘On Friday 16 May we discovered the attack was more extensive than originally understood and that the group behind it had accessed a large amount of information relating to legal aid …

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HMRC – avoiding CGT

June 2025 | Tax

HMRC has issued a warning which is of interest to BTL investors and their advisors. HMRC states: ‘HMRC is aware of a tax avoidance scheme being marketed to landlords, which enables them to transfer their property business to a company using a Limited Liability Partnership (LLP), to save Capital Gains Tax. HMRC’s view is that …

HMRC – interest rates

June 2025 | Tax

HMRC’s interest rates on underpaid and overpaid tax and duties are linked to the Bank of England base rate. On 8 May 2025, the BOE base rate was cut by 0.25 percentage points, to 4.25%. HMRC has updated its guidance to include the new rates applying from: 19 May 2025 for the purpose of corporation …

Charities – paying trustees

June 2025 | Wills, probate and administration

Practitioners advising charities and trustees will be interested in new regulatory guidance on paying trustees. The Charity Commission has published what is calls ‘redesigned’ guidance on paying voluntary trustees. Charity trustees, and connected persons, must not be paid by the charity unless it is clearly in the charity’s best interests, the guidance has clarified. It …

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