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Conveyancing

CHAPS – standard conditions

A reminder that CHAPS is no longer provided by the CHAPS Clearing Company Limited. Instead, it is now operated by the Bank of England (from 13 November 2017).

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Charge – discharged in error?

What happens when a bank discharges its charge in error? In practical terms, there are unlikely to be problems in getting the register altered so as to reinstate the mortgage. But, will this be a rectification of the register, or a mere alteration of the register?

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Japanese knotweed – ‘new build’ risk

There has been much publicity about Japanese knotweed this year, largely as a result of an important county court decision which held Network Rail liable after Japanese knotweed grew close to neighbouring terraced houses. The owners of those properties had been ‘trapped’ by knowledge of knotweed, and could not sell because banks and mortgagees would not grant mortgages on the affected properties. It was held that Network Rail was liable in private nuisance and had to pay damages (including diminution in value of the homes). See our April 2017 issue, p19.

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UK Finance – disclosure form

The Council of Mortgage Lenders (CML) was merged into the newly formed UK Finance in July 2017 (and the CML Handbook was appropriately renamed in December).

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Grenfell Tower – CPSEs

Do the Commercial Property Standard Enquiries need to be amended, or added to, as a result of the Grenfell Tower fire?

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Lease plan – error

 If it turns out that a lease plan is incorrect then pause for thought before deciding what to do.

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Electronic search fees – VAT!

In an important decision, the FTT has held that the cost of electronic searches on conveyancing transactions is not a disbursement for VAT purposes. Instead, the cost is part of the overall provision of legal services to the client and is thus subject to VAT (on the same basis as any other payment for legal services).

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Notices – death

What happens if a notice is served on someone who is dead? The answer depends on whether or not the person serving the notice knows that the intended recipient has died.  

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CPSE – changes

The Commercial Property Standard Enquiries have been slightly amended (documents 1, 5, and 7).

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Fraud – mandatory guide!

The Law Society and LR have issued a joint note on property and title fraud.  

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Most-read articles

IHT – personal representatives’ liability
Thursday, 14 June 2018
PRs are personally liable for paying IHT on an estate, even where the beneficiaries undertake to pay it themselves but do not do so, the court has confirmed. Read more...
Courts – reductions
Thursday, 14 June 2018
The government has announced that it will reduce court staffing numbers from 16,500 to 10,000 by 2022. Read more...
Part 36 – strict compliance
Thursday, 14 June 2018
Part 36 is a ‘self-contained procedural code’ (CPR 36.1). Being ‘self-contained’, this means that no other rules can be imported. Read more...
Damages – lost years
Thursday, 14 June 2018
A ‘lost years’ claim is for the loss of earnings in the years when the claimant will be dead (but would have been alive but for the defendant’s actions). Read more...
Assured shortholds – requirements
Thursday, 14 June 2018
A summary of the requirements for new lets of residential properties: Read more...
Rent reviews – which index?
Thursday, 14 June 2018
Rent under a lease may well be indexed – in which case, it is likely to be by reference to the retail price index (RPI). Read more...
Japanese knotweed – the cases
Thursday, 14 June 2018
Japanese knotweed is virtually irremovable; only the strongest chemicals will work against it, and simply digging out the roots is not sufficient. Read more...
Financial orders – future earning capacity
Thursday, 14 June 2018
H’s future earning capacity was not a matrimonial asset for the purposes of a financial settlement, the Court of Appeal has ruled. Read more...
Notice – start date?
Thursday, 14 June 2018
Suppose an employee is sent a letter of dismissal by post. The letter is delivered, but the employee is on holiday and says she did not read it until a later date. Read more...
Sentencing – hospital orders; hybrid orders
Thursday, 14 June 2018
In this article, the author (who represented the appellant) considers the making of hospital orders in criminal proceedings, and the use of hybrid orders, following a Court of Appeal ruling. Read more...

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