Issue: February 2025

Right to buy – case and changes

February 2025 | Conveyancing

The CA has recently heard a case involving right to buy succession. The appeal was referred to the CA by HH Judge Luba KC pursuant to CPR 52.23(a) after he gave permission to appeal. The important point of principle that the CA was asked to decide was whether a family member (B) of a secure …

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Practice – reporting provisions

February 2025 | Family

The new family court reporting provisions have now been rolled out across all family courts in England and Wales as of 27 January 2025. The rollout, approved by the FPR Committee, follows a successful pilot which began two years ago. According to a judiciary statement, there have been no known breaches of anonymity in reporting …

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SDLT – changes

February 2025 | Tax - SDLT

In case anyone needed reminding, the SDLT rates change on 1 April 2025. From this date the rates for a single property are: Property or lease premium or transfer value SDLT rate Up to £125,000 Zero The next £125,000 (the portion from £125,001 to £250,000) 2% The next £675,000 (the portion from £250,001 to £925,000) …

HMLR – PG19

February 2025 | Conveyancing

HMLR has updated PG19 (notices and restrictions). Section 3.7.3 has been amended to provide customers with clarification on the evidence required when a right to manage company has been appointed and an application is made to cancel a restriction relating to the management functions in a lease and now includes the following: ‘Cancelling a landlord/management …

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Children – cross-sex hormone treatment

February 2025 | Family

A 16-year-old biological female (C) started to identify as male in 2020 aged 12 and now wished to commence cross-hormone treatment. M applied for a s8 prohibited steps order and a ‘best interests’ declaration under the court’s inherent jurisdiction. She then asked for an adjournment pending a six-month assessment of C by a private gender …

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Testamentary capacity – dementia

February 2025 | Wills, probate and administration

Dementia is sadly more common than ever among older clients and it’s increasingly necessary to understand how the law applies in such cases. A recent ruling illustrates the risks of not acting on clear signs of cognitive decline. The principle of testamentary capacity requires the will-maker to understand what it means to make a will …

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HMLR – PG8

February 2025 | Conveyancing

HMLR has updated PG8 (execution of deeds) by adding a new section 2.7 to give guidance where a deed has been executed by either a partnership or a limited partnership. This is a helpful section, which reads: ‘2.7 Partnerships 2.7.1 Partnerships A deed cannot be executed in the name of a partnership governed by the …

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Adoption – post-adoption contact

February 2025 | Family

An LA has been severely criticised by a judge in the course of his ruling refusing a birth mother direct contact with a young girl. Adoption lawyers may be aware of a growing appetite for permitting direct contact post-adoption – but the judge in this case refused it for several reasons. A birth parent can …

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Wills – validity

February 2025 | Wills, probate and administration

This was an unusual and tragic case in which a will written on cardboard food packaging was declared a valid will. T wrote it before taking his own life in May 2021, leaving five surviving sisters. T’s assets were modest and include a three-bedroom house, bank accounts, cash, jewellery and a large pottery collection. A …

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HMLR – portal enhancement

February 2025 | Conveyancing

Practitioners may be pleased to note that HMLR has enhanced the portal by increasing correspondence available. Until recently, customers were limited to viewing items for review such as requisitions sent to them, information-only items which needed no action, and confirmation of requisitions that have been resolved. Note that now portal users are also able to …

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