The Practical Lawyer


Equity release – variant

Traditional equity release schemes, which are aimed at helping the elderly who may be asset-rich but cash-poor, have involved either a mortgage or reversion arrangement. Both are now regulated by the FSA.

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HIPs – transitional

The cut-off date for the two transitional arrangements for HIPs has been extended from 1 June 2008 to 1 January 2009.

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Notice to complete – standard conditions

If you serve a notice to complete, it is important to specifically state that it is served under Standard Condition 6.8. This avoids any risk of it being construed as a common law notice to complete (which must allow a ‘reasonable time for completion’).

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CML Handbook – incentives

From 1 September, the CML Handbook will require builders and developers of newly built, converted, or renovated properties to complete a ‘disclosure of incentives’ form.

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Company – executing deed

Since 1990, it has not been necessary for a company to have a seal, and the conventional way for a company to execute a deed has become the signature of two directors, or a director and the secretary.

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Crossrail – implications

The Crossrail Act 2008 has now received royal assent. It will have major consequences for conveyancers in London, as well as some outlying areas – such as South Bucks, Slough, and Windsor & Maidenhead. Indeed, it affects 19 LAs.

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Spanish property – demolition

Clearly, no English solicitor in his or her right mind is going to give advice on the purchase of Spanish property unless also qualified as a Spanish Abogado.

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Land Registry – original documents

Since July, the LR has been scanning all documents and correspondence. The problem with this is that they will not return anything they have scanned.

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Unstamped document – no effect

A recent case neatly illustrates the dangers of relying on unstamped documents. The case itself involved a ‘right to buy’ scam whereby a council T exercised his ‘right to buy’ having first fixed up a deal with the Buyer.

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Lock-out agreement – effect?

A prospective buyer and seller can agree that, for a fixed period of time, the seller will not negotiate with anyone else, and the parties will proceed in good faith.

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Page 45 of 48

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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...
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The SC has widened the scope of the service of statutory notices. Read more...
Part 36 offers – appropriate
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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?
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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
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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
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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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