The CA has heard a case regarding the extent to which a lender will be put on inquiry as to the possibility of undue influence where a secured loan is made to joint borrowers. Practical Law summarises the case: ‘The Court of Appeal was asked to consider a possible additional category of transaction involving joint …
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Changes to several sentencing guidelines came into effect on 1 April 2024 following a Sentencing Council consultation exercise last year. These apply to both Magistrates Court and Crown Court guidelines. Among the key changes are: Mitigating factors, including expanded explanations, eg replacing the existing reference to pregnancy in the ‘Sole or primary carer’ factor with …
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HMLR has updated PG82 (Electronic signatures accepted by HM Land Registry). Section 3.3 has been updated to provide more guidance on amending deeds with conveyancer-certified electronic signatures; in addition, several minor amendments have been made to other parts of the guide for clarification purposes. Importantly, note that HMLR states in 3.3: ‘It should rarely be …
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HMLR has issued an interesting blog on the ways that it will deal with discounts and incentives, which all conveyancers should read. HMLR summarises the issue thus: ‘The Council of Mortgage Lenders requires conveyancers to tell lenders when a discount or incentive is given as part of a property’s purchase price. This helps lenders decide …
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Given that IHT due on an estate is payable before a grant of representation is issued, the PRs may be unable to raise sufficient funds to make the payment. HMRC may agree to postpone payment of IHT (either in whole or in part) on an application for a grant on credit. However, interest continues as …
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The Court of Appeal quashed a confiscation order given the serious risk of injustice to the interested party. The decision followed the 2020 conviction of Ronan Hughes (the applicant) for playing the leading role in the smuggling of illegal immigrants in an airtight container from France to Essex, which tragically killed them all. Confiscation proceedings …
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A very important change to the planning enforcement period has been introduced, which will be of interest to all property lawyers. The Planning Act 2008 (Commencement No. 8) and Levelling-up and Regeneration Act 2023 (Commencement No. 4 and Transitional Provisions) Regulations 2024 came into force on 25 April 2024. The regulations amend s171B of the …
Continue reading “Planning enforcement – ten years”
HMLR has updated section 8 of PG6 (devolution on the death of a registered proprietor) which has been amended to clarify what evidence is required for the removal of a restriction in Form A from the register. This is an important area where errors are often made, so practitioners should read it carefully. Section 8 …
HMLR has updated PG67 (evidence of identity). Section 11 has been amended to clarify that, if a firm submits one set of identity evidence to cover multiple applications, it must be stated in each application that the confirmation of identity evidence has been lodged as part of an application against another title and state the …
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Regulated lawyers must avoid conflicts of interest – this is a cornerstone of professional conduct. The codes of conduct are clear on this. A recent case highlights that firms must be vigilant at all times – it is always necessary to consider whether a conflict is likely prior to entering into an arrangement in which …
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