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 …
Continue reading “Procedure – mediation”
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 …
Continue reading “Donationes mortis causa – lockdown wills”
In a sign of things to come, the UT (Lands Chamber) has heard a case involving the scope of some of the definitions under the Building Safety Act 2022. The UT summarised the issues thus: ‘1. This appeal is about the leaseholder protections provided by Schedule 8 of the Building Safety Act 2022. 2. Section …
Continue reading “‘Cladding’ – interpretation”
The LA applied for an order under the Forced Marriage (Civil Protection) Act 2007 (FMCPA) and for an order under the MCA 2005 that a current care plan was in AG’s best interests. An interim order had been in place while assessments into AG’s capacity were undertaken. AG, 24, had a mild learning disability, anxiety …
Continue reading “Forced marriages – protective orders”
This is an interesting appeal ruling on the extent of the CoP’s discretion to revoke a deputyship order. Permission to appeal was granted on the basis that issues raised have not been expressly considered before. CL had been a deputy for personal welfare (and was also P’s mother). The order was discharged in its entirely …
Continue reading “Deputyship – court’s power to revoke”
There is another twist to the Law Society’s ill-fated attempt to update the Property Information Form (TA6) to fall in line with the Material Information guidance which Trading Standards told estate agents they must comply with from November 2023. We reported in our June 2024 edition (p9) that the fifth edition of TA6 would be …
Continue reading “TA6 – another twist”
A 16-year-old (Q) was born female but identifies as male. The (divorced) parents disagreed as to whether Q should access private treatment for gender dysphoria. M did not want Q having any gender-related medical treatment under the age of 18 but agreed to Q joining the NHS waiting list. She had applied for a prohibited …
Continue reading “Prohibited steps order – gender reassignment”
HMLR has made a small but significant amendment to PG8 (execution of deeds). Section 1.3 has been amended to clarify that HMLR will not accept separate execution pages which have been added to a deed, or execution pages taken from separate documents reassembled to form a single deed and now reads: ‘1.3 Deeds and HM …
The parties (now 68 and 72) are both transgender and ‘married’ in 2009. In 2019, the High Court declared the marriage was void, but despite the declaration the applicant (A) sought a decree of nullity, believing he needed it to be able to legally marry. The parties ultimately married, in a valid ceremony, in February …
Continue reading “Transgender spouses – nullity”
HMLR has updated section 3.7.5 of PG19 (notices and restrictions) to confirm a point that most firms should already be aware of. Section 3.7.5 has been updated to explain that a sole or surviving proprietor will need to appoint one or more new trustees to join in the disposition, in order for a Form A …
Continue reading “HMLR – PG19”