The Practical Lawyer

Home
About
CPD
Subscribe
Contact
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).

Subscribers only...
 

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?

Subscribers only...
 

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.

Subscribers only...
 

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).

Subscribers only...
 

Grenfell Tower – CPSEs

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

Subscribers only...
 

Lease plan – error

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

Subscribers only...
 

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).

Subscribers only...
 

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.  

Subscribers only...
 

CPSE – changes

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

Subscribers only...
 

Fraud – mandatory guide!

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

Subscribers only...
 


Page 3 of 46

Most-read articles

Constructive trusts – property
Wednesday, 12 September 2018
The author gives a helpful analysis of a ruling following a claim to establish a constructive trust or proprietary estoppel in respect of a domestic property. The deceased died intestate while living... Read more...
Professional negligence – adjudication
Wednesday, 12 September 2018
The Professional Negligence Adjudication Scheme is run by the Professional Negligence Bar Association. It offers a voluntary ADR procedure, modelled on the adjudication system in construction... Read more...
Waste – L’s liability
Wednesday, 12 September 2018
Ls should be aware of the environmental enforcement obligations that may be incurred as a result of T’s activities. Read more...
Part 36 – late acceptance
Wednesday, 12 September 2018
If a Part 36 offer is accepted out of time (ie outside the 21 day period) in a low value protocol case, then what are the costs consequences? In particular, does late acceptance mean a liability to... Read more...
HMOs – new rules
Wednesday, 12 September 2018
The definition of house in multiple occupation (HMO) changes on 1 October 2018. The new definition covers properties occupied by five or more people, comprising two or more separate households. Read more...
Energy efficiency – reassessment by T?
Wednesday, 12 September 2018
The Energy Efficiency (MEES) Regs mean it is no longer possible to grant new leases to properties with an EPC of F or G. Moreover, existing lettings of F and G properties will become unlawful from... Read more...
Knotweed – nuisance
Wednesday, 12 September 2018
Last year, we had county court claims in Cardiff and Truro in which it was held that the encroachment of Japanese knotweed would be actionable as a ‘private nuisance’. The Cardiff cases have now... Read more...
Procedure – expert witnesses
Wednesday, 12 September 2018
Expert witnesses must comply with court rules and related guidance appropriate to their area of expertise. New guidance for paediatric expert witnesses in family proceedings has now been issued. Read more...
Self-employed – or worker?
Wednesday, 12 September 2018
The Pimlico Plumbers case was seen as a victory for workers in the gig economy, with the Supreme Court looking at the reality of the relationship (rather than the legal labels attached). So, what... Read more...
Offences – mens rea
Wednesday, 12 September 2018
This was a pre-trial appeal of a ruling at a preparatory hearing. The two appellants (A) faced charges under s17 Terrorism Act 2000 of sending money overseas, or arranging to do so, knowing or having... Read more...

Resources

IAG International
Join the IBA now!
www.totallylegal.com
MSI Global Alliance
In House Lawyer