Conveyancing firms will not be surprised to read that the most risks revealed by the SRA AML report (above) relate to property work. The SRA states: ‘The area where we continue to see the most risks relating to money laundering is conveyancing. 73% of the SARs we submitted to the National Crime Agency during the …
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Sentencing – vehicle as a weapon
December 2024/January 2025 | CrimeIn what circumstances, if at all, has an offender taken a weapon to the scene of an offence, where the weapon is a vehicle driven to the scene? The outcome was directly relevant to sentencing. The CA was hearing two cases together – appeals in relation to sentencing for murder and for attempted murder. Davis …
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HMLR – PG31
December 2024/January 2025 | ConveyancingHMLR has updated PG31 (discharge of charges) to reflect how applications should be made using its digital systems. Section 6 now reads: ‘6. Electronic discharges An electronic discharge is a discharge of a registered charge sent electronically by the lender’s computer system direct to us. For an electronic discharge, the HM Land Registry computer system …
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TA6 changes – delayed again
December 2024/January 2025 | ConveyancingProperty practitioners will be aware of the furore created by the Law Society’s proposed update of the Property Information Form to the 5th edition. This update incorporates the material information requirements which estate agents are supposed to have been advertising since November 2023. The Law Society told CQS firms that using the updated form would …
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Proprietary estoppel – new will unconscionable
December 2024/January 2025 | Wills, probate and administrationThis case involved a family, two farms and promises made to one of the sons that he would inherit a farm. His parents (both now deceased) bought both farms during their marriage and owned them in equal shares. After agricultural college, RA worked with his parents in their farming business, overseeing operations at one of …
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Judge’s directions – threats of violence
December 2024/January 2025 | CrimeCrimeline aptly described this appeal as ‘odd’. A suspended two-year prison sentence was imposed on A on conviction of a count of robbery following a car theft. He appealed the conviction, criticising the judge’s questions put to the jury. A’s counsel argued that ‘the Crown had always put their case on the basis that the …
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SRA – AML
December 2024/January 2025 | Conduct, practice and risk managementOn 30 October 2024 the SRA released its AML Annual Report 2023-24 and it should be required reading for all SRA regulated firms. In the last year the SRA has submitted 23 suspicious activity reports, performed 237 proactive inspections and 258 desk-based reviews, and brought enforcement action against a combined total of 78 firms and …
HMLR – personal covenants
December 2024/January 2025 | ConveyancingHMLR has announced in a blog dated 14 November 2024 that it is simplifying the registration of personal covenants. The idea is to make such entries more consistent – the entry will appear thus: A [deed] dated [date] contains positive and/or indemnity covenants. Note: Copy filed. HMLR states that: ‘We will make this entry regardless …
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HMLR – address change
December 2024/January 2025 | ConveyancingNote that from 2 December 2024 HMLR is changing its address. This might not seem that significant as most firms will use the portal but remember that HMLR will require original deeds to be sent to it for first registrations from 1 October 2024 (see our November edition (p8)). So, the HMLR postal address will …
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Freezing injunction – good and arguable case
December 2024/January 2025 | CommercialThe CA has heard an appeal concerning two issues arising out of a worldwide freezing order (‘WFO’) made by Bright J against the appellant, Ms dos Santos: (1) the meaning of the ‘good arguable case’ element of the test required for the grant of a freezing injunction and whether (whatever the test) the judge was …
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