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HMLR – PG40

May 2025 | Conveyancing

HMLR has been swift to update section 2.1 of PG40 (HMLR plans, supplement 4, boundary agreements and determined boundaries) following a recent CA case (reported in ‘land’ below). Section 2.1 now reads: ‘2.1 How boundary agreements work There is a rebuttable presumption that a boundary agreement does not involve the transfer of any land, and …

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EHRC – interim guidance

May 2025 | Employment

The EHRC has swiftly issued some interim guidance on the practical implications of the above SC case. Their key information is as follows: ‘The Supreme Court ruled that in the Equality Act 2010 (the Act), “sex” means biological sex. This means that, under the Act: A “woman” is a biological woman or girl (a person …

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Breach of NMO – when effective?

May 2025 | Crime

Magistrates had wrongly concluded that lack of service of a non-molestation order (NMO) meant an offence under s42A Family Law Act 1996 could not be made out. The NMO in question was made in November 2023, prohibiting R from being present between 0730 and 1630 at a road on which a named child’s school was …

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HMLR – PG76

May 2025 | Conveyancing

Protecting a charging order is important and therefore any application to HMLR must be made promptly and correctly. An interim or final charging order that charges the legal estate may be protected by the entry of a notice in the register. A charging order that charges a beneficial interest under a trust of land cannot …

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Will – clarification

May 2025 | Wills, probate and administration

T died in 2022 leaving no surviving spouse or children. Unfortunately, her will dated October 2014 was badly drafted and ambiguous and the PR brought a Part 8 claim for clarification. Under separate proceedings, attempts were being made to remove the executor in favour of the substitute executor named in the will. The judge Cadwallader …

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SC – definition of a ‘woman’

May 2025 | Employment

One of the most talked about cases of recent times could be included in a number of sections of this edition, but as the implications of the SC’s decision on the definition of a woman for the purposes of the Equality Act 2010 has particular relevance for employers, their policies, procedures and advisers, this seems …

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LSAG – third party contribution

May 2025 | Conveyancing

We have referred to the updated LSAG guidance, but an amendment to para 6.17.2.1 (source of funds) is of particular relevance to conveyancing practitioners and adds: ‘In circumstances where it becomes known that a third party is to contribute to funds for a transaction, you should consider also seeking to understand and obtain evidence relating …

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Sentencing – blackmail; kidnap

May 2025 | Crime

Two new sentencing guidelines are now in force for offences of blackmail, kidnap and false imprisonment. The guidelines came into effect on 1 April 2025 and concern: blackmail under s21 Theft Act which is triable only on indictment and carries a maximum custodial sentence of 14 years; and kidnap/false imprisonment at common law, also triable …

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HMLR – PG19

May 2025 | Conveyancing

PG19 (Notices, restrictions and protection of third-party interests) is a very important practice guide for property practitioners. The anti-fraud restriction (Form LL) is also important. HMLR has updated sections 3.1.5.8 and 3.7.2 of PG19 to clarify HMLR’s requirements for compliance with, or removal of, a Form LL or company counter-fraud restriction by an insolvency practitioner, …

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LSAG guidance – updated

May 2025 | Conduct, practice and risk management

The latest version of the LSAG guidance has been issued, published on 23 April 2025. It is required reading for all MLROs, firm leaders and anyone involved with AML issues or responsibilities. There is a useful schedule of 2025 amendments and updates starting on page 221 of the LSAG guidance. Notable changes include: ‘Para 4.7 …

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