The EAT has heard a case involving striking out after the claimant failed to comply with an unless order. The case summary is as follows: ‘Practice and procedure The Employment Tribunal (“the ET”) made an unless order against the Appellant on 2 November 2020. On 15 January 2021 notice confirming that it had not been …
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The SRA has fined two solicitors who were acting as professional attorneys in a salutary tale. The solicitors were acting as attorneys for Mrs H under an LPA dated 2013. The facts are that the attorneys: failed to ensure that conditions of the home insurance policy relating to Mrs H’s property were met; used Mrs …
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The EAT has heard a case where it had to consider whether the respondent was entitled to a review of the rule 3(10) judge’s decision on the basis that a new point had arisen at the EAT which had not been run below. The case summary is as follows: ‘Practice and procedure The claimants were …
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Practitioners acting for trustees will value a recent ‘FAQ’ by the Law Society on a question raised about due diligence when trustees are buying property for the trust. The question posed is: Do I have to identify and verify all the beneficial owners to the same standard? The short answer is: ‘… you must obtain …
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A cynic might say that the SRA is trying to get on the front foot before the Axiom Ince report comes out because it has issued a warning notice: ‘Money missing from client account’. Rule 6.1 of the Solicitors Accounts Rules is clear and probably well understood by the vast majority of firms that have …
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The appeal court ruling in Standish is likely to remain one of the most notable family cases in recent times, clarifying the notion of ‘matrimonialisation’. At issue was the correct application of the sharing principle in financial remedies cases where, particularly, there are non-matrimonial assets. This was a very high-value case with total wealth of …
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A will that was handwritten by a law firm senior partner was valid, even though she did not follow the Golden Rule. Time was of the essence for T, who was 74 and suffered serious health problems. He had spent around ten days in hospital prior to making the will and died nearly a month …
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The Leasehold and Freehold Reform Act 2024 just squeezed in before Parliament was dissolved and now has Royal Assent. The government summary of the Act is as follows: ‘The Act – which has officially received Royal Assent – strengthens existing, and introduces new, consumer rights for homeowners by: Making it cheaper and easier for people …
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The courts continue their drive to encourage more parties down the mediation path and avoid litigation if possible. Amendments to the FPR came into force on 29 April to strengthen attendance at MIAMs (attendance is required under s10(1) Children and Families Act 2014). Law Society guidance on the changes has now been released. The changes …
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During the covid pandemic, the temporary ‘lockdown’ restrictions created particular challenges for wills and probate lawyers. At the same time, wills instructions rose steeply as people were confronted with their own mortality. This case illustrates the practical and legal problems that arose when T wanted his will drawn up and executed quickly, knowing he would …
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