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HMLR – requisitions

November 2024 | Conveyancing

HMLR has issued two blogs in an attempt to connect with conveyancers to help bring down the number of requisitions. HMLR makes the point that these do contribute to the current HMLR delays in processing times. The ten most common ‘avoidable’ requisitions are: variations in names; missing information; plans and descriptions; identity; missing evidence; type …

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Sentencing – apportioning harm

November 2024 | Crime

A, now 47, was sentenced to a total of 18 years’ imprisonment following the historic sexual abuse of his sister when he was between the ages of around 14 to 19. The impact on the complainant was significant. Her victim personal statement explained how she suffered from PTSD, panic attacks, flashbacks, an eating disorder and …

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HMLR – first registration

November 2024 | Conveyancing

In our September 2024 edition (p3) we reported on HMLR’s change of policy regarding first registration applications. PG1 (first registrations) has been updated to reflect this practice (4.4.4.1 provides that acceptance of certified copy deeds has now been withdrawn but does still apply to applications lodged prior to 1 October 2024 at HMLR and that …

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HMLR – PG6

November 2024 | Conveyancing

Continuing the theme of updating practice guides to tell conveyancers what they arguably should already know, HMLR has updated section 4 of PG6 (devolution on the death of a registered proprietor) to clarify the guidance in the third paragraph in section 4 concerning the death of a joint proprietor where the legal estate vests in …

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Relief from forfeiture – assisted dying

November 2024 | Wills, probate and administration

Given the upcoming parliamentary debate and vote on assisted dying in England, this case has particular resonance. The High Court has granted H relief from the forfeiture rule following his wife’s assisted suicide in Switzerland. Their two children had been present during her assisted death but the court concluded that their presence did not constitute …

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Sentencing – days spent on curfew

November 2024 | Crime

How should a sentencing judge account for days spent on qualifying curfew? A was convicted of a drugs offence and failure to surrender to custody. He was sentenced to 50 months and four weeks in prison respectively (less 118 days spent in custody on remand). The offences were committed while he was subject to electronic …

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CLC – Code changes

November 2024 | Conveyancing

There are some important changes afoot for CLC regulated practices. On 21 October 2024, they announced: ‘Proposed changes by the Council for Licensed Conveyancers (CLC) to its Code of Conduct have been approved by the Legal Services Board (LSB) and will take effect from January 1, 2025. Last reviewed in 2011, the CLC closed a …

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Evidence – good character

November 2024 | Crime

The sentencing judge erred in excluding evidence of good character – but it had no impact on the appeal outcome. A was sentenced to two years eight months’ imprisonment following conviction of violent disorder. He appealed on several grounds. The prosecution followed a violent altercation between extended family members within two families during the National …

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HMLR – form DJP

November 2024 | Conveyancing

Form DJP is very useful as it is used to remove the name of a deceased joint proprietor from a register of title and removes the need to submit an entire AP1. This form has been updated to make it clear in the explanatory information that the form is only to be used where there …

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Banks – delay payments

November 2024 | Conduct, practice and risk management

All practitioners should note new powers designed to combat fraud that the Treasury announced on 3 October 2024. From the end of October 2024, banks will have new powers to delay and investigate payments that are suspected of being fraudulent. Banks can delay payments by 72 hours where there are reasonable grounds to suspect a …

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