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Conveyancing

SDLT – Wales

In his November 2017 Budget, the Chancellor abolished SDLT for first-time buyers on purchases up to £300,000 (and also introduced a tax saving of up to £5,000 for £300,000-£500,000 first-time buyers).

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Land Registry – prioritise applications

The LR has amended PG 19 to clarify the need to prioritise the order of applications when registering a restriction.

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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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Disputed will – guidance; procedure
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What should you do if asked for correspondence and other documents in relation to a will you prepared for a client who has since died?  Read more...
MoJ – IT meltdown
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Many litigators are no doubt all too aware of the Ministry of Justice (MoJ) January 2019 IT failures that hit the delivery of frontline legal services in some courts.  Read more...
Statutory notices – service
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The SC has widened the scope of the service of statutory notices. Read more...
Part 36 offers – appropriate
Wednesday, 13 February 2019
Part 36 of the CPR allows a claimant or defendant to make an offer of settlement before trial. If the offer is not accepted and the opposing party does not meet the offer at trial, the court may... Read more...
Noise nuisance – liability?
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A recent High Court decision has confirmed that L is not liable for nuisance caused by its T merely because L does not take steps available to prevent the cause of the nuisance, even when L knows... Read more...
RICS – service charges
Wednesday, 13 February 2019
We noted the RICS Code of Practice on service charges in our October 2018 issue, p19; the ‘Service Charges in Commercial Property (1st edition)’ comes into force on 1 April 2019. Read more...
Notice of severance – rectification?
Wednesday, 13 February 2019
A recent case reminds practitioners of the importance of ensuring that a notice of severance accurately records all of the titles intended to be severed. Read more...
Children – parental responsibility; removal of
Wednesday, 13 February 2019
In what circumstances might the court order the removal of PR from the father? The author comments on a recent case which involved a unique set of circumstances justifying the removal of PR.  Read more...
Incompetence – not discrimination
Wednesday, 13 February 2019
The CA has held that an incompetent process does not amount to discrimination. Read more...
Sentencing – contempt of court
Wednesday, 13 February 2019
The Court of Appeal has ordered a new trial in relation to a claimant remanded to prison overnight for discussing evidence in a civil case.  Read more...

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